THE NATIONAL INTELLIGENCE ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000200160009-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 128
• Document Creation Date: December 16, 2016
• Document Release Date: June 13, 2005
• Sequence Number: 9
• Publication Date: January 1, 1980
• Content Type: REGULATION

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THE NATIONAL INTELLIGENCE ACT OF 1980
TABLE OF CONTENTS
TITLE I--AUTHORIZATION FOR INTELLIGENCE ACTIVITIES
PART A--FINDINGS; PURPOSES; DEFINITIONS
Sec. 101. Statement of Findings
Sec. 102. Statement of Purposes
Sec. 103. Definitions
PART B--GENERAL INTELLIGENCE AUTHORITIES
Sec. 111. Authorization for Intelligence Activities
Sec. 112. National Security Council
PART C--AUTHORIZATION AND PROCEDURES FOR SPECIAL
ACTIVITIES AND OTHER SENSITIVE INTELLIGENCE
ACTIVITIES
Sec. 121. Purpose
Sec. 122. Conduct of Special Activities
Sec. 123. Authorization for Special Activities
Sec. 124. Authorization for Other Sensitive
Intelligence Activities
Sec. 125. Congressional Notification
PART D--LIMITATIONS ON INTELLIGENCE AUTHORITIES
Sec. 131. Prohibition on Assassination
Sec. 132. Integrity of Private Institutions of the
United States
Sec. 133. Restrictions on Covert Domestic Publication
Sec. 134. Restrictions on Contracting
Sec. 135. Activities Undertaken Indirectly
PART E--OVERSIGH_' AND ACCOUNTABILITY
Sec. 141. Intelligence Oversight Board; Reporting on
Violations; Disciplinary Procedures
Sec. 142. Congressional Oversight
Sec. 143. Congressional Committee Reports; Disclosure
Provisions
Sec. 144. Requirements Relating to Appropriations
Sec. 145. Audits and Reviews by the Comptroller General
TITLE II--STANDARDS FOR INTELLIGENCE ACTIVITIES
PART A--PURPOSES AND DEFINITIONS
Sec. 201. Statement of Purposes
Sec. 202. Definitions
PART B--AUTHORITY AND STANDARDS FOR ACTIVITIES
THAT CONCERN UNITED STATES PERSONS
Sec. 211. Authority for Activities that Concern
United States Persons
Sec. 212. Procedures
On file NSC release instructions apply
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Sec. 213. Collection of Foreign Intelligence
Sec. 214. Counterintelligence and Counterterrorism
Intelligence Activities
Sec. 215. Collection of Information Concerning Targets
of Clandestine Intelligence Gathering
Activity of Foreign Governments
Sec. 216. Collection of Information Concerning
Potential Sources of Intelligence or
Operational Assistance
Sec. 217. Collection of Information for Security
-Purposes
Sec. 218. Review of Activities
PART C--STANDARDS FOR EXTRAORDINARY TECHNIQUES
Sec. 2.21. Use of Extraordinary Techniques Outside
the United States
Sec. 2:22. Cooperative Arrangements
Sec. 2:23. Emergency Procedures
PART D--REMEDIES AND SANCTIONS; OTHER PROVISIONS
Sec. 2,31. Criminal Sanctions
Sec. 2.32. Civil Liability and Jurisdiction
Sec. 2.33. Protection of Privileged Communications
Sec. 234. Administrative Rulemaking
TITLE III--THE INTELLIGENCE COMMUNITY
Sec. 301. Purposes
Sec. 302. Presidential Designation of National
Intelligence Activities
Sec. 30-3. Director and Deputy Director of National
Intelligence
Sec. 304. Duties and Authorities of the Director
Sec. 305. Assistant Directors; General Counsel;
Committees and Boards
Sec. 306. Departmental Responsibility for Reporting
National Intelligence
Sec-. 307. Annual Report of the Director
Sec. 308. National Intelligence Program and Budget
Authority; Information
Sec. 309. Funds Appropriated to the Office of the
Director
TITLE IV--CENTRAL INTELLIGENCE AGENCY
PART A--PURPOSES
Sec. 401. Statement of Purposes
PART B---ESTABLISH NT OF AGENCY; DIRECTOR; DEPUTY
DIRECTOR; GENERAL COUNSEL; INSPECTOR GENERAL;
FUNCTIONS - -
Sec. 411. Establishment of Central Intelligence Agency
Sec. 412. Duties of Director and Deputy Director
Sec. 413. General Counsel and Inspector General
Sec. 414. Functions
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 A BILL
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To authorize the intelligence system of the United States by
the establishment of a statutory basis for the national
intelligence activities of the United States, and for other
purposes.
That this Act may be cited as the
"National In{-lligence Act of 1980".
TITLE I--AUTHORIZATION FOR INTELLIGENCE ACTIVITIES.
PART A
FINDINGS; PURPOSES; DEFINITIONS
STATEMENT OF FINDINGS
Sec. 101. The Congress hereby makes the following
findings:
(1) Intelligence activities should provide timely,
accurate, and relevant information and analysis necessary
for the conduct of the foreign relations and the protection
of the national security of the United States.
(2) The collection and production of intelligence
should be conducted in a manner that avoids waste and unnecessary
duplication of effort within the intelligence community.
(3) Supervision and control are necessary to ensure
that intelligence activities are in support of the foreign
relations of the United States and do not abridge rights protected
by the Constitution and laws of the United States.
STATEMENT OF PURPOSES
Sec. 102. It is the purpose of this Act--
(1) to authorize the intelligence activities
necessary for the conduct of the foreign relations and
the protection of the national security of the United
States;
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(2) to replace the provisions of the National
Security Act of 1947 governing intelligence activities;
(3) to ensure that the intelligence activities of
the United States are conducted in a manner consistent
with United States defense and foreign policy interests
and are properly and effectively directed, regulated,
coordinated, and administered; .
(4) to ensure that the Government of the United
States is provided, in the most efficient manner, with
accurate, relevant, and timely information and analysis
so that sound and informed decisions may be made regarding
the security and vital interests of the United States
and so that the United States may be protected against
foreign intelligence activities, international terrorist
activities, and other forms of hostile action by foreign
powers, organizations, or their agents, or by international
terrorists, directed against the United States; and
(5) to ensure that the entities of the intelligence
community are accountable to the President, the Congress,
and the people of the United States and that the intelligence
activities of the United States are conducted in a
manner consistent with the Constitution and laws of the
United States.
DEFINITIONS
Sec. 103. As used in this title--
(1) The: term "communications security" means the
protection resulting from any measure taken to deny unauthorized
persons information derived from the telecommunications of
the United States related to the national security, or from
any measure taken to ensure the authenticity of such tele-
communication.s.
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PART C--AUTHORITIES OF THE AGENCY; AUTHORIZATION
FOR APPROPRIATIONS
Sec.
421.
General Authorities
of the Agency
Sec.
422.
Procurement
Sec.
423.
Proprietaries
Sec.
424.
Relationships with
Other Entities
Sec.
425.
Admission of Essential Aliens
Sec.
426.
Authorization for Appropriations and
Expenditures
PART D--TRAVEL AND OTHER ALLOWANCES; RELATED EXPENSES;
RETIREMENT SYSTEM; DEATH GRATUITIES
Sec. 431. Travel and Other Allowances; Related Expenses;
Death Gratuities
Sec. 432. Retirement System
PART E--TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS;
STATUTES REPEALED; EFFECT OF SUBSEQUENT LAW;
CRIMINAL PENALTY
Sec. 441. Transfer of Personnel, Property, and Functions
Sec. 442. Statutes Repealed; Effect of Subsequent Law
Sec. 443. Criminal Penalties
TITLE V--FEDERAL BUREAU OF INVESTIGATION
Sec. 501. Statement of Purposes
Sec. 502. Supervision and Control
Sec. 503. Duties of the Director of the Federal Bureau
of Investigation
Sec. 504. Counterintelligence and Counterterrorism
Intelligence Functions
Sec. 505. Foreign Intelligence Functions
Sec. 506. Cooperation with Foreign Governments
Sec. 507. General and Special Authorities
TITLE VI--NATIONAL SECURITY AGENCY
PART A--PURPOSES AND DEFINITIONS
Sec. 601. Statement of Purposes
Sec. 602. Definitions
PART B--ESTABLISHMENT OF AGENCY; DIRECTOR; DEPUTY
DIRECTOR; GENERAL COUNSEL; INSPECTOR GENERAL;
DUTIES
Sec. 611. Establishment of National Security Agency;
Function
Sec. 612. Director and Deputy Director
Sec. 613. Duties of the Director
Sec. 614. General Counsel; Inspector General
PART C--GENERAL AND SPECIAL AUTHORITIES OF THE AGENCY;
AUTHORIZATION FOR APPROPRIATIONS
Sec.
621.
General Authorities of the Agency
Sec.
622.
Procurement Authority
Sec.
623.
Printing and Binding
Sec.
624.
Education and Training
Sec.
625.
Authorization for Appropriations and
Expenditures
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PART D--TRAVEL AND OTHER EXPENSES; SPECIAL FACILITIES;
RETIREMENT SYSTEM
Sec. 631. Travel, Related Expenses, and Death Gratuities
for Certain Agency Personnel
Sec. 632. Commissary and Mess Services and Recreation
Facilities
Sec. 633. Retirement System
PART E--SPECIAL DELEGATION OF AUTHORITY; PRESERVATION
OF CERTAIN AUTHORITY AND RESPONSIBILITY
Sec. 641. Special Delegation Authority; Miscellaneous
Preservation of Authority and Responsibility
:PART F--TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS
Sec. 6:51. Transfer of Personnel, Property, and Functions
TITLE VII--PROTECTION OF IDENTITIES OF CERTAIN UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND
SOURCES
Sec. 701. Criminal Penalty
Sec. 702. Presidential Responsibility
TITLE VIII--PHYSICAL. SEARCHES WITHIN THE UNITED STATES
Sec. 801. Amendments to the Foreign Intelligence
Surveillance Act
Sec. 802. Amendments to Chapter 119 of Title 18,
United States Code
TITLE IX--MISCELLANEOUS AMENDMENTS AND EFFECTIVE DATE
Sec. 901. Amendments to Title 5, United States Code
Sec. 902. Repeal of Section 2422, Title 22, United
States Code
Sec. 903. Amendment to the Federal Advisory Committee
Act to Eliminate Exemption for the Central
Intelligence Agency
Sec. 904. Effective Date.
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(2) The term "counterintelligence" means information
pertaining to the capabilities, intentions, or activities of any
foreign power, organization, or person in the fields of espionage,
other clandestine intelligence activity, covert action, assassination,
or sabotage.
(3) The term "counterintelligence activity" means--
(A) the collection, retention, processing,
analysis, and dissemination of counterintelligence;
(B) any other activity, except for personnel,
document, physical and communications security
programs, undertaken to counter or protect against.
the espionage, other clandestine intelligence
activity, covert action, assassination, or sabotage,
or similar activities of a foreign government.
(4) The term "counterterrorism intelligence" means
information pertaining to the capabilities, intentions, or
activities of any foreign power, organization or person related
to international terrorist activity.
(5) The term "counterterrorism intelligence activity"
means--
(A) the collection, retention, processing, analysis,
or dissemination of counterterrorism intelligence; and
(B) any other activity undertaken.by an entity of
the intelligence community to counter or protect against
international terrorist activity.
(6) The term "cover" means any means by which the true
identity or relationship with an entity of the intelligence
community of any activity, officer, employee, or agent of such
entity, or of a related corporation or organization, is disguised
or concealed.
(7) The terms "departments and agencies" and "department or
agency" mean any department, agency, bureau, independent establishment,
or wholly owned corporation of the Government of the United States.
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(8) The term "foreign intelligence" means information
pertaining to the capabilities, intentions or activities of
any foreign state, government, organization, association, or
individual, or information on the foreign aspects of narcot
production and trafficking, but does not include counterintelligence,
counterterrorism intelligence, or tactical intelligence.
(9) The term "foreign intelligence activity" means the
collection, retention, processing, analysis, or dissemination
of foreign intelligence.
(10) The term "intelligence" means foreign intelligence,
counterintelligence, counterterrorism intelligence, and
information relating to or resulting from any intelligence
activity.
(11) The term "intelligence activity" means--
(A) any foreign intelligence activity;
(B) any counterintelligence activity;
(C) any counterterrorism intelligence activity;
(D) any special activity.
(12) The terms "intelligence community" and "entity of
the intelligence community" mean--
(A) the office of the Director of National Intelligence;
(B) the Central Intelligence Agency;
(C) the Defense Intelligence Agency;
(D), the National Security Agency;
(E) the offices within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs;
(F) the intelligence components of the military
services;
(G) the intelligence components of the Federal
Bureau of Investigation;
(H) the Bureau of Intelligence and Research of
the Department of State;
(I) the foreign intelligence components of the
Department of the Treasury;
(J) the foreign intelligence components of the
Department of Energy;
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(K) the successor to any of the agencies, offices,
components, or bureaus named in clauses (A) through (J);
(L) such other components of the departments and
agencies, to the extent determined by the President, as may
be engaged in intelligence activities.
(13) The term "international terrorist activity" means any
activity which--
(A) involves-
(i) killing, causing serious bodily harm to,
or kidnapping one or more individuals;
(ii) violent destruction of property;
(iii) an attempt or credible threat to commit
any act described in clause (i) or (ii); and
(B) appears intended to endanger a protectee of the
Secret Service or the Department of State, or to further
political, social, or economic goals by--
(i) intimidating or coercing a civilian
population or any segment thereof;
(ii) influencing the policy of a government or
international organization by intimidation or
coercion; or
(iii) obtaining widespread publicity for a group
or its cause; and
(C) occurs totally outside the United States, or
transcends national boundaries in terms of--
(i) the means by which its objective is
accomplished;
(ii) the civilian population, government, or
international organization it appears intended to
coerce or intimidate, or
(iii) the locale in which its perpetrators
operate or seek asylum.
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(14) The term "national intelligence" means foreign'
intelligence which is collected, retained, processed, or
disseminated by the entities of the intelligence community
for use in the formulation and direction of national policy.
(15) The term "national intelligence activity" means
(A) any special activity, (B) any foreign intelligence
activity the primary purpose of which is to collect or
produce national intelligence, and (C) any foreign intelligence
activity designated by the President as a national intelligence
activity.
(16) The term "national intelligence budget" means the
budget prepared by the Director of National Intelligence
pursuant to section 308 of this Act and includes all funds
for--
(A) the programs of the Central Intelligence
Agency and of the Office of the Director of National
Intelligence;
(B) the Consolidated Cryptologic Program, the
programs of the offices within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs, and the General Defense
Intelligence Program, except such elements of these
programs as the Director of National Intelligence and
the Secretary of Defense agree should be excluded; and
(C) any other program or programs of any department
or agency designated by the President or jointly by the
Director of National Intelligence and the head of such
department or agency.
(17) The term "proprietary" means a sole proprietorship,
partnership, corporation, other commercial entity organized
in the United States, or other entity organized abroad that
is owned or controlled by an entity of the intelligence
community but whose relationship to that entity is not
officially acknowledged.
(18) The term "special activity" means an activity
conducted abroad which is (A) designed to further official
United States programs and policies abroad, and (B) planned
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and execuN ed so that the role of-the United States Government
is not apparent or acknowledged publicly. Such term does
not include any counterintelligence or counterterrorism
intelligence activity or the collection, retention, processing,
dissemination and analysis of intelligence or related support
functions, nor any diplomatic activity of the United States.
(19) The term "tactical intelligence" means information
pertaining to the capabilities, intentions, or activities of
any foreign state, government organization, association, or
individual required by the armed forces of the United States
to maintain their readiness for combat operations and to
support the planning and conduct of combat operations by the
United States.
(20) The term "United States", when used in a geographical
sense, means all areas under the territorial sovereignty of
the United States and the Trust Territory of the Pacific
Islands.
(21) The term "United States person" means--
(A) a citizen of the United States;
(B) an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act), except that such
alien may be presumed to have lost status as a United
States person for purposes of this Act after one year
of continuous residence outside the United States until
information is obtained which indicates an intent on
the part of such alien to return to the United States
as a permanent resident alien;
(C) any unincorporated association organized in
the United States or a substantial number of whose
members are citizens of the United States or aliens
lawfully admitted for permanent residence and which is
not openly acknowledged by a foreign government or
governments to be directed and controlled by such
foreign government or governments, except that an
unincorporated association outside the United States
may be presumed not to be a United States
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person until information.is obtained which indicates
the corttrary; or
(I)) any corporation which is incorporated in the United
States and which is not openly acknowledged by a foreign
,government or governments to be directed and controlled
by such government or governments, except that a corporation
or corporate subsidiary incorporated abroad or controlled
by a foreign power abroad is not a. United States person.
-PART B
GENERAL INTELLIGENCE AUTHORITIES
AUTHORIZATION FOR INTELLIGENCE ACTIVITIES
Sec. 11.1. (a) The entities of the intelligence community
are authorized to conduct intelligence activities, under the
direction and review of the National Security Council, but
only in accordance with the provisions of this Act.
(b) Nothing in this title shall be construed to prohibit
any department or agency from collecting, retaining, processing,
analyzing, or disseminating information if such department
or agency is otherwise authorized to do so.
(c) Except as expressly provided, nothing in this
Act shall be construed to prohibit or affect any activities
of any department or agency that are not intelligence activities.
(d) Except as expressly provided, nothing in this Act is
intended to affect or alter existing responsibilities under law,
including those established under 22 U.S.C. 2680a.
(e) Nothing in this Act shall be construed to authorize any
entity of the intelligence community to conduct any activity for
the purpose of depriving any person of any rights, privileges, or
immunities secured or protected by the Constitution or laws of
the United States.
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Sac. 112. (a) The National Security Council shall
provide the highest level review of, guidance for, and direction
to the conduct of all intelligence activities. The
responsibilities of the National Security Council, or such
committees of the National Security Council as may be established
by the President, shall be to--
(1) establish requirements and priorities for
national intelligence;
(2) review the responsiveness of program and budget
proposals to intelligence requirements and priorities;
(3) review the quality of national intelligence
products and develop appropriate policy guidance;
(4) develop policy, standards, and doctrine for the
conduct of counterintelligence and counterterrorism
intelligence activities;
(5) advise and assist the President in the
formulation of policy with respect to communications
security, including the relationship between the
communications security and intelligence activities of the
United States;
(6) perform its responsibilities under Part C of
this title and under Sec. 213 of this Act,
(b) The President may--
(1) establish such committees of the National
Security Council as may be necessary to discharge its
responsibilities under this Act;
(2) determine the membership of such committees
consistent with this Act, including designation of a
chairman and requirements for attendance of members;
(3) prescribe such other standards, procedures, and
specific duties as may be necessary and appropriate for the
National Security Council and such committees thereof to
discharge their responsibilities under this Act.
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PART C
AUTHORIZATION AND PROCEDURES FOR
SPECIAL ACTIVITIES AND OTHER SENSITIVE INTELLIGENCE ACTIVITIES
PURPOSE
Sec. 121. The purpose of this Part is to ensure that
special activities are undertaken only in support of important
national security interests of the United States when overt or
less sensitive alternatives would not be likely to achieve the
intended objective; when such activities are consistent with the
aims, values, and policies of the United States; and when the
anticipated benefits of such activities justify the foreseeable
risks and likely consequences.
CONDUCT OF SPECIAL ACTIVITIES
Sec. 122. (a) Speci-al activities may be conducted only
by the Central Intelligence Agency. The Department of Defense
may also conduct special activities in accordance with section
123(e). Any department or agency may conduct special activities
when the -President determines that the intended United States
,objective is more likely to be achieved.
(b) Support for any -special activity may be provided by
any department or agency if the President determines for
activities involving -substantial resources, risks, or
consequences, or if the National Security Council or a committee
thereof determines for other activities, that such -support is
necessary.
AUTHORIZATION FOR SPECIAL ACTIVITIES
Sec. 123. Special activities shall be authorized only as
follows:
(a) Special activities shall be authorized by the
President.
(1) Authorization for any special activity -that
involves substantial resources, risks, or consequences shall
require a finding by the President that each such special
activity is important to the national security of the United
States and consistent with the purposes of this Part.
to
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(2) Authorization for any other special activities
may be by category and shall require a finding by the
President that such category of special activities is
important to the nation9l security of the United States and
consistent with the purposes of this Part. The National
Security Council or a committee thereof designated by the
President for that purpose shall be responsible for the
supervision of each such activity and shall ensure that it
is consistent with the Presidential finding.
(b) Authorization by the President for special activities
shall be preceded by a review by the National Security Council or
a committee thereof designated by the President for that purpose.
Such review shall include an assessment and a recommendation as
to whether the activity or category of activities is consistent
with the purposes of this Part.
Such recommendation shall include the views of any member who
disagrees with the majority of the Council or committee thereof.
(c) No decision or recommendation to the President
relating to a special activity may be made by the National
Security Council or a committee thereof unless the following
officers, or if unavailable their representatives, were present:
The Secretary of Defense, the Secretary of State, the Attorney
General, and the Director of National Intelligence.
(d) Any special activity which lasts more than a year or
which is substantially changed in form or purpose must be
reaffirmed by the President under subsection (a) and reviewed by
the National Security Council or a committee thereof under
subsection (b).
(e) The President may delegate presidential authorities
and responsibilities under this section to the Secretary of
Defense with respect to special activities conducted by the Armed
.Forces of the United States in time of war declared by Congress
or during any period covered by a report from the President to
the Congress under the War Powers Resolution, 87 Stat. 555, to
the extent necessary to carry out the activity that is the
subject of the report.
r/
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AUTHORIZATION FOR OTHER SENSITIVE INTELLIGENCE ACTIVITIES
Sec. 124. The President shall establish procedures for the
approval of sensitive foreign intelligence, counterintelligence,
or counterterrorism intelligence activities which may require
review or findings by the President, the National Security
Council, a committee thereof, the Director of National
Intelligence, the head of an entity of the intelligence
community, or any other designated official.
CONGRESSIONAL NOTIFICATION
Sec. 125. Each special activity authorized under
section 123(a)(1) and each category of special activities
authorized under section 123(a)(2) shall be considered
significant, anticipated intelligence activities for the
purposes of the requirement of section 142 of this Act,
except that: such prior notice may be limited for a period
of forty-eight hours to the chairrrecn and ranking minority
members of the House Permanent Select Committee on Intelligence
and the Senate Select Committee on Intelligence, the Speaker
and minority leader of the House of Representatives, and the
majority and minority leaders of the Senate if the President
determines it is essential to meet extraordinary circumstances
affecting vital interests of the United States. Such
committees shall be fully informed under section 142 of this
Act upon expiration of the forty-eight hour period.
IA
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PART D
LIMITATIONS ON INTELLIGENCE AUTHORITIES
PROHIBITION ON ASSASSINATION
Sec. 131. No person employed by or acting on behalf
of the United States Government shall engage or conspire to
engage in assassination
INTEGRITY OF PRIVATE INSTITUTIONS OF THE UNITED STATES
Sec. 132. (a) The President shall establish public
guidelines for the intelligence activities of the entities of
the intelligence community to protect the integrity and
independence of private institutions of the United States
in accordance with constitutional principles.
(b) No entity of the intelligence community may use,
for the purpose of establishing or maintaining cover for any
officer of that entity to engage in foreign intelligence
activities or special activities, any affiliation, real or
ostensible, with any United States religious organization,
United States media organization, United States educational
institution, the Peace Corps, or any United States Government
program designed to promote education, the arts, humanities,
or cultural affairs through international exchanges.
(c) Nothing in this section shall be construed to
prohibit voluntary contacts or the voluntary exchange of
information between any person and any entity of the
intelligence community.
(d) The President may waive any or all of the provisions
of this section during any period in which the United States
is engaged in war declated by Act of Congress, or during any
period covered by a report from the President to the Congress
under the War Powers Resolution, 87 Stat. 555, to the extent
necessary to carry out the activity that is the subject of
the report. The President shall notify the House Permanent
Select Committee on Intelligence and the Senate Select
Committee on Intelligence in a timely manner of such a
waiver and inform those committees of the facts and circum-
stances requiring such a waiver.
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RESTRICTIONS ON COVERT DOMESTIC PUBLICATIONS
Sec. 133? No entity of the intelligence community may pay
for or otherwise knowingly cause or support distribution of any
book, magazine, article, periodical, film, or video or audio
tape, for the purpose of influencing public opinion within the
United States, unless the involvement of the United States
Government is acknowledged.
RESTRICTIONS ON CONTRACTING
Sec. 134. Entity sponsorship of a contract or arrangement
for the provision of goods or services with any United States
organization may be concealed from such organization if--
(a) the contract or arrangement is a routine service
contract, procurement contract, or transaction carried out
under the Economy Act, 38 Stat.1084; or
(b) the organization is not an educational
institution and it is determined, pursuant to procedures
approved by the Attorney General, that such concealment is
necessary for intelligence activities authorized by this
Act.
ACTIVITIES UNDERTAKEN INDIRECTLY
Sec. 135. No entity of the intelligence community and no
employee of an entity of the intelligence community may request
or otherwise knowingly encourage, directly or indirectly, an
individual, organization, or foreign government to engage in any
activity on behalf of the United States Government in which such
entity of the intelligence community is prohibited by this Act
from engaging; provided however that this restriction shall not
prohibit: any entity of the intelligence community from requesting
a department or agency of the United States Government to engage
in an activity that is within the authorized functions of the
department or agency to which the request is made.
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OVERSIGHT AND ACCOUNTABILITY
INTELLIGENCE OVERSIGHT BOARD;
REPORTING ON VIOLATIONS; DISCIPLINARY PROCEDURES
Sec. 141. (a) The President shall appoint a board to be
known as the Intelligence Oversight Board (hereinafter referred
to as the "Board") whose members shall be selected from outside
the Government.
(b) The Board is authorized to employ staff to assist in
carrying out its functions.
(c) As prescribed by the President, the Board shall--
(1) function to provide the President independent
oversight of the intelligence community, in order to report
to the President on questions of legality and propriety;
(2) be given access to all information relevant to
its functions which is in the possession, custody or control
of any entity of the intelligence community; and.
(3) conduct such inquiries into the activities of
any entity of the intelligence community as the Board deems
necessary to perform its functions.
(d) Each entity of the intelligence community shall have a
general counsel or a person designated to fulfill the
responsibilities of a general counsel who shall serve as legal
advisor to the head of that entity and shall have the
responsibility to--
(1) review activities of that entity to determine
whether such activities are in conformity with the
Constitution and laws of the United States, Executive
orders, Presidential directives and memoranda, and the
rules, regulations, and policies of that entity;
(2) review all rules and regulations of that entity,
including but not limited to any rule or regulation proposed
to implement the provisions of this Act, to ensure that such
rules and regulations are in conformity with the
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Constitution and laws of the United States, Executive
orders, and Presidential directives and memoranda;
(3) report to the Board any intelligence matters as
specified by the President; and
(4) perform such additional duties as the head of
that entity may -prescr-ibe, consistent with the provisions of
this Act.
(e) Each entity of the intelligence community shall have
an inspector general or a person designated to fulfill the
responsibilities of an inspector general who shall have the
responsibility to--
(1) investigate all activities of that entity to
determine in what respects authorized functions may more
effectively be performed and to determine the facts and
circumstances of any alleged wrongdoing;
(2) advise the head of that entity and, with respect
to matters of legality, the general counsel of that entity
of findings. regarding activities of that entity;
(3) report to the Board any intelligence matters as
specified by the President; and
(4) perform such other investigations as the head of
that entity deems necessary, consistent with the provisions
of this Act.
(f) The Attorney General or a designee shall--
(1) report, in a timely manner, to the Board any
intelligence activity that involves a question as to whether
there has been a significant violation of law and which has
not been previously reported to the Attorney General by the
Board;
(2) report to the President in a timely manner any
intelligence activities that involve serious questions of
law;
(3) report to the President, the-Board, and the
heads of the appropriate entities of the intelligence
community, in a timely manner, decisions made or actions
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taken in response to reports from such entities concerning
intelligence activities; and
(4) keep the Board and general counsels of entities
of the intelligence community informed regarding legal
opinions of the Department of Justice affecting the
operations of the intelligence community.
(g) The head of each entity of the intelligence community
shall.-
ensure that the inspector general and the
general counsel of that entity have access to any
information necessary to perform their functions under this
Act;
(2) provide to the Attorney General, in accordance
with applicable law, any information required by the
Attorney General to fulfill the Attorney General's
responsibilities under this Act;
(3) report to the Attorney General, pursuant to
section 535 of title 28, United States Code, immediately,
upon discovery, evidence of possible violation of Federal
criminal law by any person employed by, assigned to, or
acting. for, such entity, and.
(4) report to the Attorney General evidence of
possible violations by any other person of those Federal
criminal laws specified in guidelines adopted by the
Attorney General.
(h) All officers and employees of each entity of the
intelligence community shall cooperate fully with the Board, the
inspector general and general counsel. of that entity, and the
Attorney General in the conduct of their authorized functions,
and in the reporting of any possible violation of law to the head
of the entity and the inspector general or general counsel of
that entity or the Board. The head of each entity of the
intelligence community shall ensure such full cooperation. No
officer or employee who so reports in good faith or so cooperates
shall, beesubject to adverse personnel action solely on account of
such reporting or cooperation.
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(1) (1) The head of each entity of the intelligence
community shall be empowered to take disciplinary action against
any person employed by that entity for any action or omission
that violates the provisions of this Act or any guidelines,
procedures, or, regulations established pursuant to this Act,
including any regulation, procedure, or obligation to provide for
personnel, document, communications, or physical security or to
protect intelligence sources and methods from unauthorized
disclosure. Notwithstanding any other provision of law, such
action may include--
(A) suspension from employment without pay for a
period not to exceed 180 days;
(B) reduction in salary or grade, or both;
(C) dismissal from employment; or
(D) a combination of (A) and (B).
(2) Before such disciplinary action is taken under this
subsection against persons employed by or assigned to an entity
of the intelligence community, such persons shall have the
opportunity to present evidence on their behalf.
(3) Nothing contained in this subsection shall be
construed to affect or limit the authority of the head of an
entity of the intelligence community to terminate the employment
of or take disciplinary action against any person employed by or
assigned to that entity under any provision of law other than
this subsection.
CONGRESSIONAL OVERSIGHT
Sec. 142. (a) Consistent with all applicable authorities
and duties, including those conferred by the Constitution upon
the executive and legislative branches, the head of each entity
of the intelligence community shall--
(1) keep the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence
fully and currently informed of all i-n-telligence activities
which are the responsibility of, are engaged in by, or are
carried out for or on behalf of, that entity of the
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intelligence community, including any significant anticipated
intelligence activity; but the foregoing provision shall not
require approval of such committees as a condition precedent to
the initiation of any such anticipated intelligence activity;
(2) furnish any information or material concerning
intelligence activities in the possession, custody, or
control of the head of the relevant entity of the
intelligence community or in the possession, custody, or
control of any person paid by such entity whenever requested
by the House Permanent Select Committee on Intelligence or
the Senate Select Committee on Intelligence; and
(3) report in a timely fashion to the House
Permanent Select Committee on Intelligence and the Senate
Select Committee on Intelligence information relating to
intelligence activities that are illegal or improper and
corrective actions that are taken or planned.
(b) The head of each entity of the intelligence community
shall maintain a complete record of all legal authorities,
published regulations, and published instructions pertaining to
the intelligence activities of that entity.
(c) The head of each entity of the intelligence community
shall establish procedures to ensure that a record is maintained
and preserved of each authorization or approval required by law,
regulation or procedures under section 204 with respect to any
intelligence activity.
(d) The Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence
of the Senate shall be furnished copies of all record schedules,
which the entities of the intelligence community are required by
law to furnish to the Archivist of the United States, including
any modifications, amendments.or supplements, at such time as
these schedules, modifications, amendments, or supplements are
submitted to the Archivist for approval.
(e) The President may establish such procedures as the
President determines may be necessary to carry out the provisions
of this section.
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CONGRESSIONAL COMMITTEE REPORTS;
DISCLOSURE PROVISIONS
Sec. 143.. (a) The House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence
shall report, at least annually, to their respective Houses on
the nature and extent of the intelligence activities of the
United States. Each committee shall promptly call to the
attention of its respective House, or to any appropriate
committee or committees of its respective House, any matter
relating to intelligence activities which requires or should have
the attention of such House or such committee or committees. In
making such reports, the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence
shall do so in a manner consistent with the protection of the
national security interests of the United States.
(b) No information or material provided to the House
Permanent Select Committee on Intelligence or the Senate Select
Committee on Intelligence relating to the intelligence activities
of any department or agency that has been classified under
established security procedures or that was submitted by the
Executive Branch with the request that such information or
material be kept confidential shall be made public by the House
Permanent Select Committee on Intelligence or the Senate Select
Committee on Intelligence or any member thereof, except in
accordance with the provisions of House Resolution 658 of the
Ninety-Fifth Congress in the case-of the House Permanent Select
Committee on Intelligence and its members, or in accordance with
the provisions of Senate Resolution 400 of the Ninety-Fourth
Congress in the case of the Senate Select Committee on
Intelligence and its members.
(c) (1) The House Permanent Select Committee on
Intelligence may., under such regulations as that committee
shall prescribe, make any information described in subsection (a)
or (b) availab.e to any other committee or any other member of
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the House Whenever the House Permanent
Select Committee on Intelligence makes such information
available, that committee shall keep a written record showing
which committee or which members of the House
received such information. No Member of the House
who, and no committee which, receives such information under this
paragraph shall disclose such information except in accordance
with the provisions of House Resolution 658 of the Ninety-Fifth
Congress.
(2) The Senate Select Committee on Intelligence may, under
such regulations as that committee shall prescribe to protect the
confidentiality of such information, make any information
described in subsection (a) or (b) available to any other
committee or any other Member of the Senate
. Whenever the Senate Select Committee on Intelligence
makes such information available, the committee shall keep a
written record showing which committee or which Members of the
Senate received such information. No Member
of the Senate who, and no committee which, receives
any information under this paragraph, shall disclose such
information except in accordance with the provisions of Senate
Resolution 400 of the Ninety-Fourth Congress.
(d) No employee of the House Permanent Select Committee on
Intelligence or the Senate Select Committee on Intelligence,
or of any committee to which information is provided
pursuant to subsection (c), or
any person engaged by contract or otherwise to perform services
for or at the request of such committee shall be given access to
any classified information by such committee unless such employee
or person has (1) agreed in writing and under oath to be bound by
the rules of the House or the Senate, as the case may be, and of
such committees as to the security of such information during and
after the period of his employment or contractual agreement with
such committees; and (2) received an appropriate security
clearance as determined by such committee in consultation with
the Director of National Intelligence. The type of security
clearance to be required in the case of any such employee or
person shall, within the determination of such committees in
At
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consultation with the Director of National Intelligence be
commensurate with the sensitivity of the classified information
to which such employee or person will be given access by such
committees.
(e) The provisions of subsections (a), (b), and (c) are
enacted by the Congress--
(:L) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively, and
as such they shall be considered as part of the rules of
each House, respectively, and shall supersede other rules
only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right
of either House to change such rules (as far as relating to
such House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.
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REQUIREMENTS RELATING TO APPROPRIATIONS FOR
NATIONAL INTELLIGENCE,
COUNTERINTELLIGENCE, AND COUNTERTERRORISM INTELLIGENCE ACTIVITIES
Sec. 144. No funds may be appropriated for any
fiscal year beginning after September 30, 1980, for the purpose
of carrying out any national intelligence activity, counter-
intelligence activity, or counterterrorism intelligence
activity by any entity of the intelligence community unless
funds for such activity have been previously authorized by
legislation enacted during the same fiscal year or during
one of the two immediately preceding fiscal years, except
that this limitation shall not apply to funds aopropriated
by any continuing resolution or required by pay raises.
AUDITS AND REVIEWS BY THE COMPTROLLER GENERAL
Sec. 145. (a) All funds appropriated to the Office of
the Director, all funds appropriated to entities of the
intelligence community, and all intelligence activities conducted
by entities of the intelligence community, and information and
materials relating thereto, shall be subject to financial and
program management audit and review by the Comptroller General of
the United States, upon the request of the House Permanent Select
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Committee on Intelligence or the Senate Select Committee on
Intelligence.
(b) Any other committee of the Congress may request
financial and program management audits and reviews by the
Comptroller General of the United S-tates of any intelligence
activityover which such committee has legislative jurisdiction,
but only through and with the approval of the House Permanent
Select Committee on Intelligence or the Senate -Select Committee
on Intelligence. The results of any such -audit or review -shall
be -submitted to (1) the House Permanent Select Committee on
intelligence, in the case of any audit or review requested by a
committee of the House of -Representatives, and shall be made
available by such select committee, in accorda-nce with and
subject to the provisions of section 143 of this Act ,-to the
committee of the House of -Representatives which requested such
audit or review, and (2) the Senate Select Committee on
Intelligence in the case of any audit or review requested by a
committee of the Senate, and shall be made available bysuch
select committee, in accordance with and subject to the
provisions of section 143 of this Act , to the committee of the
Senate which requested such -audit or review.
(c) Any audit or review of any intelligence -activity
authorised in subsection (a) or (b) above shall be conducted in
accordance with such -security standards as may be prescribed by
the Director.
(d) Notwithstanding the foregoing provisions of this
subsection, the Director may exempt from any such audit and
review any funds expended for a particular intelligence activity,
and the activity for which such funds are expended, if the
Director (1) determines such exemption to be essential to protect
the security of the United States, and (2) notifies the House
.Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence of such exemption.
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TITLE II--STANDARDS FOR INTELLIGENCE ACTIVITIES
PART A
PURPOSES AND DEFINITIONS
STATEMENT OF PURPOSES
Sec. 201. It is the purpose of this title--
(a) to provide statutory authorization for activities
of entities of the intelligence community that concern
United States persons and that are necessary for the conduct
of the foreign relations or the protection of the national
security of the United States;
(b) to establish statutory standards for such activities
and effective means to ensure that such activities are
conducted in accordance with those standards; and
(c) to delineate responsibilities of government officials
for ensuring that such activities are conducted in accordance
with the Constitution and laws of the United States.
DEFINITIONS
Sec. 202. (a) The definitions in title I of this Act
shall apply to this title. References to law within this
title are to the laws of the United States.
(b) As used in this title--
(1) "Collecting agency" means, with respect to
information, the department or agency that collects the
information.
(2) "Covert technique" means any extraordinary
technique and any other category or type of collection
activity that is designated by the President for the
purpose of protecting privacy and constitutional rights
from significant intrusion.
(3) "Directed collection" means obtaining information
that concerns a United States person by requesting or directing
any person to acquire such information through exploiting or
developing a relationship with a United States person without
disclosing that the information will be conveyed to an
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intelligence entity. This term does not include placing
of employees under section 214(b).
(4) "Employee" means a person employed by, assigned
to,, or acting for an entity of the intelligence community.
(5) "Extraordinary technique" means foreign
electronic surveillance and foreign physical search and
any other technique directed against a United States person
for which a warrant would be required if undertaken for
law enforcement purposes in the United States, but
does not include electronic surveillance or
physical search under the Foreign Intelligence
Search and Surveillance Act, 92 Stat. 1783, as
amended.
(6) "Foreign electronic surveillance" means the
acquisition by an electronic, mechanical, or other
surveillance device of the contents of any wire, oral,
or radio communication of a particular, known United
States person who is outside the United States, if the
contents are acquired by intentionally targeting that
United States person, or the use of an electronic,
mechanical, or other surveillance device to monitor the
activities of a particular, known United States person
who is outside the United States, in circumstances in
which a court order would be required under the Foreign
Intelligence Search and Surveillance Act, 92 Stat.
1783, as amended, if undertaken within the United
States, but does not include electronic surveillance as
defined in that Act.
(7) "Foreign physical search" means any search
directed -against a United States person who is outside
the United States or the property of a, United States
person that is located outside the United States and
any opening of mail outside the United States and
outside United States postal channels of a known United
States person under circumstances in which a court
order under the Foreign Intelligence Search and Surveillance
Act, 92 Stat. 1783, as amended, would be required in
the United States. a ti+
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(8) "Foreign power" means--
(A) a foreign government or any component
thereof, whether or not recognized by the United States;
(B) a faction of a foreign nation or nations not
substantially composed of United States persons;
(C) an entity that is known to be directed and
controlled by a foreign government or governments;
(D) a group engaged in international terrorist
activity or activities in preparation therefor;
(E) a foreign-based political organization, not
substantially composed of United States persons.
(9) "Mail cover" means systematic and deliberate
inspection and recording of information appearing on the
exterior of envelopes in the mails.
(10) "Minimization procedures", with respect to
extraordinary techniques, means specific procedures which
shall be adopted by the Attorney General in consultation
with the head of an entity of the intelligence community
and the Director of National Intelligence?
(A) that are reasonably designed in light of
the purpose of a particular technique to minimize
the acquisition and retention and to prohibit
the dissemination of nonpublicly available informa-
tion concerning unconsenting United States persons,
consistent with the need of the United States to
obtain, produce and disseminate intelligence; and
(B) under which foreign intelligence that is
not publicly available may be disseminated in a
manner that identifies a United States person,
without such person's consent, only if such
person's identity is necessary to understand that
foreign intelligence or to assess its importance,
provided that information that is evidence of a
crime may be disseminated for law enforcement
purposes.
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(11) "Physical surveillance" means an unconsented,
systematic and deliberate observation of a person by
any means on a continuing basis, or unconsented acquisition
of a nonpublic communication by a person not a party
thereto or visibly present thereat, through any means
not involving electronic surveillance.
AUTHORITY AND STANDARDS FOR ACTIVITIES
THAT CONCERN UNITED STATES PERSONS
AUTHORITY FOR ACTIVITIES THAT CONCERN UNITED STATES PERSONS
Sec. 211. (a) An entity of the intelligence community may
engage in the following activities only in accordance with this
title and only to fulfill a lawful function of that entity:
(1) collection, retention, or dissemination of
intelligence concerning United States persons;
(2) any other intelligence activities directed
against United States persons;
(3) collection, retention, or dissemination of
information concerning United States persons who are
targets of clandestine intelligence gathering activities
of a foreign government;
(4) collection, retention, or dissemination of
information concerning United States persons to determine
the suitability or credibility of potential sources of
intelligence or operational assistance;
(5) collection, retention,-or dissemination of
information concerning United States persons to provide
personnel, document, communications or physical security
for intelligence activities.
(b) Information concerning any United States person
may be collected, retained and disseminated, and intelligence
activities may be directed against any United States person,
by an entity of the intelligence community using any technique,
with the consent of that person.
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(c) Publicly available information concerning any I
United States person may be collected by an entity of the
intelligence community when such information is relevant to
a lawful function of that entity, and may be retained and
disseminated for lawful governmental purposes.
(d) Information concerning any United States person may be
retained and disseminated by an entity of the intelligence
community if the information does not identify that person.
(e) Information concerning a United States person collected
by a means or in a manner prohibited by this Act shall be destroyed
as soon as feasible after recognition and may not be disseminated
unless the head of the collecting agency or a designee determines
that the information--
(1) should be retained for purposes of oversight,
accountability or redress;
(2) evidences danger to the physical safety of any
person, provided that dissemination is limited to
that deemed necessary to protect against such danger
and the Attorney General or a designee is notified in
a timely manner; or
(3) is required by law to be retained or disseminated
for any administrative, civil or criminal proceeding of which
the collecting agency has prior notice, provided that
dissemination is limited to that necessary for such proceeding.
(f) Nothing in this Act shall affect the use by an
entity of the intelligence community of security guards,
access controls, requirements for identification credentials,
or inspection of material carried by persons entering or
leaving its installaticns as measures to protect the security
of its personnel, installations, activities, equipment or
classified information.
(g) Nothing in this Act shall be construed to prohibit
voluntary provision of information to an entity of the
in'-ell.igence community by any person not employed by or
assigned to that entity.
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(h) Nothing in this Part shall prohibit, limit, or
otherwise ,affect activities of any department or agency
other than activities described in subsection (a).
PROCEDURES
Sec. 212. (a) Except as authorized by subsections
211(b) through (d) of this title, activiti-es described in
subsection 211(a) may not be conducted by an entity of the
intelligence community unless permitted'by procedures established
by the head of that entity and approved by the Attorney
General. Those procedures shall--
(1) protect constitutional rights and privacy;
(2) designate officials authorized to initiate or
approve particular activities, provide for periodic
review of activities at timely intervals by designated
officials, and ensure that records are maintained of all
approvals required by such procedures and this title for
particular activities;
(3) be reasonably designed in light of the purpose
of a particular technique to minimize the acquisition and
retention and to prohibit the dissemination of information
concerning United States persons, consistent with the
needof the United States to obtain, produce and
disseminate information for lawful governmental purposes;
(4) prohibit dissemination of foreign intelligence-
in a manner that identifies a United States person
unless such person's identity is necessary to under-
stand that intelligence or assess its importance, provided
that information that is evidence of a crime may be
disseminated for law enforcement purposes;
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(5) prescribe reasonable requirements for the
scope, intensity and duration of particular types of
activities taking into account the nature and quality
of information on which the activity is based and the
importance of the intended United States objective;
(6) ensure that activities to collect information
that are directed against any United States person are
conducted with minimal intrusion consistent with the-
need to acquire information of the nature, reliability
and timeliness that is required;
(7) implement the determinations by the President
regarding covert techniques under section 202(b)(2);
and
(8) govern the conduct of employees under cover
engaged in activities within the United States or
directed against United States persons abroad.
(b) The head of the entity shall make such procedures and any
changes thereto available to the House Permanent Select Committee
on Intelligence and the Senate Select Committee on Intelligence a
reasonable time prior to their effective date, unless the Attorney
General determines immediate action is required and notifies the
committees immediately of such procedures and the reason for their
becoming effective immediately.
COLLECTION OF FOREIGN INTELLIGENCE
Sec. 213. (a) Collection of foreign intelligence by
means of covert techniques shall not be directed against United States
persons, except in the course of collection of counterintelligence
or counterterrorism intelligence, or in extraordinary cases when
authorized in accordance with this section.
(b) (1) Except as provided in subsection (c), approval
for any collection of foreign intelligence by means of covert
techniques directed against a United States person shall be based
on a finding by the President that extraordinary circumstances
require such collection to acquire foreign intelligence that is
essential to the national security of the United States and that
cannot reasonably be acquired by other means.
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(2) Approval for any such collection shall be preceded
by a review by the National Security Council or a committee
thereof designated by the President for that purpose. No
recommendation to the President relating to any such collection
may be made unless the following officers, or if unavailable
their representatives, were present: the Secretary of
State, the Secretary of Defense, the Attorney General, and
the Director of National Intelligence.
(3) Any collection under this subsection which lasts
more than a year or which is substantially changed in purpose
must be reaffirmed by the President under paragraph (1) and
reviewed by the National Security Council or a committee
thereof under paragraph (2).
(c) (1) Approval for collection of foreign intelligence
involving covert techniques directed against a United States
person may be based on a finding by an official designated
by the President that the target is a senior official of a
foreign power, an unincorporated association substantially
composed of United States citizens or permanent resident aliens
directed and controlled by a foreign government or governments,
or any other entity directed and controlled by a foreign power
and that: unusual circumstances require such collection to
acquire foreign intelligence that is important to the national
security of the United States and that cannot reasonably be
acquired by other means.
(2) The Attorney General shall be advised of any
collection conducted under this subsection, and the National
Security Council of the committee thereof designated by the
President under subsection (b) shall review periodically any
collection conducted under this subsection.
(d) Foreign intelligence may be collected within the
United States by clandestine means directed against unconsenting
United States persons who are within the United S-fates only
by the Federal Bureau of Investigation, with notice to the
Attorney General or a designee, by components of the military
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services when directed against persons subject to the Uniform
Code of Military Justice, 10 U.S.C. 803, Art. 2, (1) through
(10); by the National Security Agency when directed at
foreign communications, as defined in section 460(b)(5); or,
when collection is authorized under subsection (c) and approved
by the Attorney General, by the Central Intelligence Agency
through established sources and pretext interviews.
COUNTERINTELLIGENCE AND COUNTERTERRORISM
INTELLIGENCE ACTIVITIES
Sec. 214. (a) Counterintelligence and counterterrorism
intelligence activities may be directed against United
States persons without the consent of the United States
person concerned only on the basis of facts or circumstances
which reasonably indicate that the person is or may be
engaged in clandestine intelligence activities on behalf of
a foreign power or international terrorist activity.
(b) Counterintelligence and counterterrorism intelligence
may be collected by placing employees in an organization in
the United States or substantially composed of United States
persons, only if--
(1) a designated senior official of the entity
makes a written finding that such participation is
necessary to achieve significant intelligence objectives
and meets the requirements of the procedures established
under section 212; and
(2) independent means are created in the procedures
and established under section 212 for audit and
inspection of such participation.
(c) Counterintelligence and counterterrorism intelligence
may be collected through the use against a United States
person of mail covers, physical surveillance for purposes
other than identification, recruitment of persons to engage
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in directed collection, or access to the records of a financial
institution, as defined in section 1101 of the Right to
Financial Privacy Act of 1978, only if an official designated
pursuant: to the procedures established under section 212
makes a written finding that the use of such technique or
.techniques is necessary to achieve authorized intelligence
objectives and meets the requirements of the procedures
established pursuant to section 212.
(d) The Attorney General or a designee shall be notified
of findings under subsections (b) and (c) with respect to
counterintelligence or counterterrorism intelligence activities
which the entity, based on guidelines established by the
Attorney General, concludes may involve significant collection
of information concerning political or religious activity.
COLLECTION OF INFORMATION CONCERNING TARGETS OF CLANDESTINE
INTELLIGENCE GATHERING ACTIVITY OF FOREIGN GOVERNMENTS
Sec. 215. Information concerning United States persons
may be collected without the consent of the United States
person concerned if an official designated pursuant to the
procedures established under section 212 makes a written
finding with notice to the Attorney General or a designee that
the person is the target of clandestine intelligence gathering
activity of a foreigngovernment and such collection is
necessary for counterintelligence purposes and meets the
requirements of the procedures established pursuant to section
212. Covert techniques and mail covers may not be directed
against unconsenting United States persons for collection
under this section.
COLLECTION OF INFORMATION CONCERNING POTENTIAL
SOURCES OF INTELLIGENCE OR OPERATIONAL ASSISTANCE
Sec. 216. Information concerning persons who are under
consideration as potential sources of intelligence or operational
assistance may be collected, without the consent of a United States
person against whom such collection is directed, only in accordance
with procedures; established under section 212 which shall limit the
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scope, intensity and duration of such collection to that
necessary to determine in a timely manner the suitability or
credibility of the potential source. Such collection shall
be limited to interviews, physical surveillance for purposes
of identification, checks of federal, state, or local government
records, and other techniques approved by the head of the
collecting agency or a designee with notice to the Attorney
General or a designee, except that covert techniques and
mail covers may not be directed against unconsenting United
States persons forsuch collection.
COLLECTION OF INFORMATION FOR SECURITY PURPOSES
Sec. 217. (a) Information may be collected to provide
personnel, document, communication, or physical security for
intelligence activities, without the consent of a United
States person against whom such collection is directed, only
in accordance with procedures established under section 212
which shall govern the categories of persons who may be
subjects of such collection by particular agencies, and
which shall limit the scope, intensity, duration, and targets
of such collection to that required-
(1) to determine the suitability or trustworthiness
of employees, contractors and contractor employees who
will perform work in connection with an agency contract,
applicants for contractor status, persons employed by
proprietaries, or applicants for employment or for
access to classified information or facilities, consultants,
or persons detailed or assigned to an entity, when
requesting the consent of the person against whom the
collection is directed would jeopardize the security of
an intelligence activity;
(2) to protect against breaches of security
regulations or contractual obligations applicable to
persons described in paragraph (1), except that such
collection shall be limited to that necessary to refer
the matter to the Department of Justice;
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(3) to protect against a direct or imminent threat
that may be posed by the activities of that person to the
physical safety of personnel, installations, property, documents
or other materials related to intelligence activities, ext .pt
that such collection within the United States shall be limited
to that necessary to refer the matter to an appropriate law
enforcement agency; and
(4) to determine whether proposed intelligence activity
sites meet, appropriate physical security requirements.
(b) Covert techniques and mail covers may not be directed
against unconsenting United States persons for collection under
this section. Information may be collected under this section
by clandestine means directed against unconsenting United States
persons only if' an official designated pursuant to the procedures
established under section 212makes a written finding that the
use of such means is necessary for authorized security purposes
and meets the requirements of the procedures established
pursuant to section 212.
REVIEW OF ACTIVITIES
Sec. 218. Activities directed against particular United States
persons that are authorized pursuant to sections 213 through217
of this part for longer than one year shall be reviewed at least
annually by the head of the entity or a designee. Except for
collection of information under section 217 concerning employees of
an entity, a report of such review shall be submitted to the
Attorney General or a designee or, for activities by components
of the military services directed against persons subject to the
Uniform Code of Military Justice, 10 U.S.C. 803, Art. 2 (1) through
(10), to the appropriate Service Secretary or a designee.
PART C
STANDARDS FOR EXTRAORDINARY TECHNIQUES
USE OF EXTRAORDINARY TECHNIQUES OUTSIDE
THE UNITED STATES
Sec,. 221. (a) Extraordinary technique-s may not be directed
against a United States person outside the United States for the
purposesof collecting intelligence, except pursuant to
court order.
(b) Applications for an order from the court
established pursuant to the Foreign Intelligence Search
and Surveillance Act, 92 Stat. 1783, as amended,
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are authorized and, notwithstanding any other law, a judge to whom
an application is made pursuant to this section may grant an order
approving the use of an extraordinary technique directed against
a United States person outside the United States to collect intelligence.
(c) An order approving the use of an extraordinary
technique pursuant to this section to collect foreign intelligence
shall be granted if the court finds that--
(1) the Attorney General has certified in writing that
the proposed use of an extraordinary technique against the
United States person has been approved in accordance with
section 213 of this title to collect foreign intelligence;
(2) the information sought is foreign intelligence;
(3) there is probable cause to believe that the
United States person against whom the extraordinary
technique is to be directed is in possession of, or, in
addition with respect to foreign electronic surveillance,
is about to receive, the information sought;
(4) less intrusive means cannot reasonably be
expected to acquire intelligence of the nature, reliability
and timeliness that is required; and
(5) the proposed minimization procedures meet the
definition of minimization procedures under section
202(b)(10) of this title.
(d) An order approving the use of an extraordinary
technique pursuant to this section to collect counterintelligence
or counterterrorism intelligence shall be granted if the
court finds that--
(1) significant counterintelligence or counter-
terrorism intelligence is likely to be obtained from
the proposed use of an extraordinary technique against
the United States person;
(2) there is probable cause to believe that the
United States person against whom the extraordinary
technique is to be directed engages or is about to
engage in clandestine intelligence activities on behalf
of a foreign power, international terrorist activity,
or activities in furtherance thereof;
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(3) less intrusive means cannot reasonably be
expected to acquire intelligence of the nature,
reliability and timeliness that is required; and
(4) the proposed minimization procedures meet
the definition of such procedures under section
202(b)(10) of this title.
(e) The order of the court approving such use of an
extraordinary technique shall be in writing and shall-
(1) specify the identity, if known, or a
description of the United States person against
whom the extraordinary technique is to be directed;
(2) specify the nature and location of the
property, communications or activity to be the subject
of the use of the extraordinary technique and state
whether physical entry may be involved;
(3) specify a reasonable period, not to exceed
90 days, during which the use of an extraordinary
technique is authorized, provided that no order shall
authorize more than one unconsented entry into real
property except for entries to install, repair, or
remove surveillance devices; and
(4) direct that minimization procedures be followed.
(f) Extensions of an order issued under this section may
be granted on the same basis as an original order upon an application
for an extension and new findings made in the same manner as
required -for an initial order.
(g) The procedural, administrative-, and security provisions
established under the Foreign Intelligence Search and Surveillance
Act, 92 Stat. 1783, as amended, shall beobserved by the court
considering applications for use of extraordinary -techniques under
this section. The provisions of that Act with respect to use
of information, wartime authority, and congressional oversight
shall apply to the use of extraordinary techniques under
this section.
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(h) The court of review established pursuant to section
103(b) of the Foreign Intelligence Search and Surveillance
Act, 92 Stat. 1783, shall have jurisdiction to hear appeals
from decisions with respect to applications for use of
extraordinary techniques under this section. Decisions of
the court of review shall be subject to review by the Supreme
Court of the United States as provided in that Act.
(i) Use of extraordinary techniques by military components
directed against United States persons outside the United
States who are subject to the Uniform Code of Military
Justice, 10 U.S.C. 802, Art. 2, (1) through (10), may be
authorized pursuant to an order issued in conformance with
subsections (c) through (f) of this section by a military
judge appointed under the Uniform Code of Military Justice
and designated by the Secretary of Defense. The Attorney
General shall be informed in a timely manner of all applications
and orders under this subsection. The procedural, administrative,
and security provisions established under the Foreign Intelligence
Search and Surveillance Act, 92 Stat. 1783, as amended,
shall be observed by a military judge considering applications
for use of extraordinary techniques under this section,
except that security measures may be established by the
Secretary of Defense.
COOPERATIVE ARRANGEMENTS
Sec. 222. (a), Notwithstanding the provisions of this
title, no agency, federal officer or employee may be required
in connection with any proceeding under section 221 to
disclose to a court information concerning any cooperative
or liaison relationship that any agency of the United States
Government may have with any foreign government or component
thereof, provided that the Director of National Intelligence
has determined that such disclosure would jeopardize such
relationship.
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(b) In any case in which a determination of facts
related to a finding of probable cause under section 221(c)(3)
or (d)(2) would require disclosure of information protected
by this section, the Attorney General may submit a certification
of facts to the court based on a determination by the Attorney
General that the information reliably supports such certification
of facts and is protected from disclosure by this section.
The court may require disclosure of any information relating
to a finding of probable cause under section 221(c)(3) or
(d)(2) which does not disclose information protected by this
section,. In any case in which the Attorney General has
submitted such a certification of facts, the court shall
base its finding of probable cause under section 221(c)(3)
or (d)(2) on such certification of facts and on any other
information relating to the finding which is not protected
by this section. The court shall not refuse to make -a
finding of probable cause under section 221(c)(3) or (d)(2)
because information protected by this section has been
withheld.
EMERGENCY PROCEDURES
Sec. 223. Activities that require approval under section
213 or a court order under section 221 of this title may be
conducted without such approval or court order for a period
not longer than 72 hours, provided that--
(a) The head of the entity of the intelligence community,
or the senior agency official, or the senior military officer
authorized to act in such cases, in the country in which the
activity is to be conducted, approves the activity and
determines that--
(1) an emergency situation exists such that the
activity is required before such approval or court
order could be obtained with due diligence; and
(2) the factual basis for such approval or court
order exists.
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(b) An application for such approval or court order
shall be made within 72 hours of the initiation of the
activity.
(c) The activity shall be terminated when the information
sought is obtained; when the application for such approval
or court order is denied; or upon the expiration of the 72-
hour period without such approval or issuance of a court
order, whichever occurs first; and
(d) Information concerning a United States person
obtained through the activity before an application for such
approval or court order is granted or denied shall be treated
in accordance with minimization procedures and shall be
treated in accordance with section 211(e), of this title if the
application is denied.
PART D
REMEDIES AND SANCTIONS; OTHER PROVISIONS
CRIMINAL SANCTIONS
Sec. 231. (a) Any employee of the United States who
intentionally--
(1) engages in foreign electronic surveillance
or foreign physical search under colcr of law except
as authorized by statute; or
(2) discloses or uses information obtained under
color of law by foreign electronic surveillance or
foreign physical search knowing or having reason to
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know the information was obtained through foreign
electronic surveillance or foreign physical search
engaged in by any employee of the United States and not
authorized by statute, shall be guilty of an offense
under this Act.
(b) It is a defense to a prosecution under subsection
(a) that the defendant was an employee of the United States
engaged in the course of official duties and the foreign
electronic surveillance or foreign physical search was
authorized by and conducted pursuant to a court order or
search warrant issued by a court. of competent jurisdiction.
It is also a defense to prosecution that, at the time of the
activity, the defendant was -a law enforcement officer engaged
in the course of official duties and there wa-s no statute or
established judicial procedure governing authorizations for
the type of surveillance or -search involved.
(c) An offense described in subsection (a) is punishable
by a fine of not more than -$10,000, or imprisonment -for -not
more than five years, or both.
(d) There is -Federal jurisdiction over an offense
under this section if the person committing the offense was
an officer or employee of the United States at the time the
offense was committed.
CIVIL LIABILITY AND JURISDICTION
Sec. 232. (-a) Anyaggrieved person, other than a
foreign power, as defined in section 101(a) of the Foreign
Intelligence Surveillance Act of 1978, or an agent of a
:Foreign power, as defined in section 101(b) (1) (A) of the
Foreign Intelligence Surveillance Act of 1978 but regardless
of whether the -agency occur-s within or outside of the United
States, who has been subjected to a foreign electronic
:surveillance or whose property has been the subject of a
foreign physical search, or about whom information obtained
by foreign electronic surveillance of such person or foreign
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physical search of such property has been disclosed or used,
in violation of section 231 shall havd--a .cause of action
against any person who committed such violation and shall be
entitled to recover--
(1) actual damages, but not less than liquidated
damages of $1,000 or $100 per day for each day of
violation, whichever is greater;
(2) punitive damages; and
(3) reasonable attorney's fees and other investigation
and litigation costs reasonably incurred.
(b) The district courts of the United States shall
have original jurisdiction over all civil actions for money
damages under this section.
(c) Except as provided in this section, nothing in
this title, or in any guidelines or procedures established
pursuant to this title, creates a civil cause of action for
equitable relief against the United States or a civil cause
of action against any officer, agent, or employee or former
officer, agent, or employee of the United States C=overnment
not otherwise available under the Constitution or laws of
the United States.
and section 221(g) ,
(d) Except as provided in this section/ nothing in this
Act or in any guidelines or procedures established pursuant
to this Act creates any substantive or procedural ricrht and
no court has jurisdiction over a claim in any proceeding,
including a motion to quash a subpoena, suppress evidence,
or dismiss an indictment based solely on an alleged failure
to follow a provision of this Act or of guidelines or procedures
established pursuant to this Act.
PROTECTION OF PRIVILEGED CO: dVUNICATIONS
Sec. 233. No otherwise privileged communications or
information shall lose its privileged character as a consequence
of this Act.
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ADMINISTRATIVE RULEMAKING
Sec.. 234. The Director of National Intelligence and
the head of each entity of the intelligence community shall,
in appropriate consultation with the Attorney General,
promulgate regulations necessary to carry out the provisions
of this Act. Any promulgation of a standard, rule, regulation
or procedure to implement this title shall be exempt from
the provisions of section 553 of title 5, United States
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TITLE III -- THE INTELLIGENCE COMMUNITY
PURPOSES
Sec. 301. It is the purpose of this title--
(a) to provide for the appointment of a Director of
National Intelligence, to delineate the responsibilities of
such Director, and to confer on such Director the authority
necessary to fulfill those responsibilities;
(b) to ensure that the national intelligence activities
of the entities of the intelligence community are properly and
effectively directed, regulated, coordinated, and administered,
and
(c) to ensure that the Director of National Intelligence
is accountable to the President, the Congress, and the people
of the United States, and that the national intelligence
activities of the entities of the intelligence community are
conducted in a manner consistent with the Constitution and
laws of the United States.
PRESIDENTIAL DESIGNATION OF
NATIONAL INTELLIGENCE ACTIVITIES
Sec. 302. The President shall determine from time to
time which foreign intelligence activities, if any, in
addition to those specifically defined as national intelligence
activities by this Act, shall constitute national intelligence
activities for the purposes of this title.
DIRECTOR AND DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE
Sec. 303. (a) There is established in the executive
branch of the Government an independent establishment to be
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known as the "Office of the Director of National Intelligence"
(hereinafter in this title referred to as the "Office of the
Director"). There shall be at the head of the Office of
the Director a Director of National Intelligence (hereinafter
in this part referred to as the "Director"). There shall be
a Deputy Director of National Intelligence (hereinafter in
this part referred to as the "Deputy Director") to assist
the Director in carrying out the Director's functions under
this Act.
(b) The Director and the Deputy Director shall be
appointed by the President, by and with the advice and consent ,'
of the Senate. The Director and the Deputy Director shall
each serve at the pleasure of the President. No person
may serve as Director for more than ten years or as Deputy
Director for more than ten years.
(c) At no time shall the two offices of Director and
Deputy Director be occupied simultaneously by commissioned
officers.of the armed forces whether in an active or retired
status.
(d)(1) If a commissioned officer of the armed forces
is appointed as Director or Deputy Director, then--
(A) in the performance of the duties of Director
or Deputy Director, as the case may be, the officer
shall be subject to no supervision, control, restriction,
or prohibition of the Department of Defense, the military
departments, or the armed forces of the United States
or any component thereof; and
(B) that-officer shall not possess or exercise
any supervision, control, powers, or functions (other
than those authorized to that officer as Director or
Deputy Director) with respect to the Department of
Defense, the military departments, or the arced forces
of the United States or any component thereof, or with
respect to any of the personnel (military or civilian)
of any of the foregoing.
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(2) Except as provided in this section, the appointment
to the office of Director or Deputy Director of a commissioned
officer of the armed forces, and acceptance of and service in
such an office by that officer, shall in no way affect any
status, office, rank, or grade that officer may occupy or hold
in the armed forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of any such
status, office, rank, or grade. A commissioned officer shall,
while serving in the office of Director or Deputy Director,
continue to hold rank and grade not lower than that in
which that officer was serving at the time of that officer's
appointment as Director or Deputy Director.
.(3) The grade of any such commissioned officer shall,
during any period such officer occupies the office of Director
or Deputy Director, be in addition to the numbers and per-
centages authorized for the military department of which such
officer is a member.
(e) The Director and Deputy Director whether civilian or
military shall be compensated while serving as Director or
Deputy Director only from funds appropriated to the office
of the Director.
(f) If a commissioned officer of the armed forces is
serving as Director or Deputy Director, that officer shall
be entitled, while so serving, to the difference, if any,
between the regular military compensation (as defined in
section 101(25) of title 37, United States Code) to which
that officer is entitled and the compensation provided for
that office under subchapter II of chapter 53 of title 5,
United States Code.
(g) The Deputy Director shall act in the Place of the
Director during the absence or disability of the Director
or during any temporary vacancy in the office of the Director.
The Director shall provide by regulation which Assistant
Director of National Intelligence shall, whenever there is
no Deputy Director, act in the place of the Director during
the absence or disability of the-Director or during any
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temporary vacancy in the office of the Director and which
Assistant Director of National Intelligence shall act in
the place of the Deputy Director during the absence or
disability of the Deputy Director or during any temporary
vacancy in the office of the Deputy Director, or while the
Deputy Director is acting as Director.
DUTIES AND AUTHORITIES OF THE DIRECTOR
Sec. 304. (a) The Director shall serve, under the
direction of the National Security Council, as the principal
foreign intelligence officer of the United States.
(b) The Director shall be responsible for--
(1) the coordination of national intelligence
activities of the entities of the intelligence community;
(2) the coordination of counterintelligence
activities of the entities of the intelligence community
that are conducted abroad; and
(3) the coordination of counterterrorism intelligence
activities conducted abroad by the entities of the
intelligencecommunity and the coordination of those
activities with similar activities abroad by other
departments and agenci-es.
(c) The Director shall be responsible for evaluating
the quality of the national intelligence that is collected,
produced and disseminated by entities of the intelligence
community and shall, on a continuing basis, review all current
and proposed national intelligence activities in order to
ensure that those activities are properly, efficiently, and
effectively directed, regulated, coordinated and administered.
(d) The Director shall coordinate and direct the collection
of national intelligence by the entities of the intelligence
cor unity by-
(1) developing such specific collection objectives
and targets for the entities of the intelligence commmunity
as are necessary to meet the intelligence requirements
and priorities established by the National Security
Council;
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(2) establishing procedures, in coordination with
the heads of departments and agencies not within the
intelligence community, to increase, insofar as is
possible, the national intelligence contribution
made by those departments and agencies without adversely
affecting. the performance of their other authorized
duties; and
(3) coordinating all clandestine collection of
intelligence outside the United States including all
clandestine collection of intelligence outside the
United States utilizing human sources.
(e) The Director shall be responsible for the production
of national intelligence, including national intelligence
estimates and other intelligence community-coordinated analyses,
and shall--
(1) ensure that in the production of national
intelligence estimates or other intelligence community-
coordinated analysis any diverse points of view are
presented fully and considered carefully, and that
differences of judgment within the intelligence community
are expressed clearly for policymakers; and
(2) have authority to levy analytic tasks on
departmental intelligence production organizations,
in consultation with those organizations.
(f) The Director shall be responsible for the dissemination,
under appropriate security procedures, of national intelligence,
and shall--
(1) ensure that departments and agencies and
appropriate operational commanders of the armed forces
of the United States are furnished such national intelligence
as is relevant to their respective duties and responsihilities;
(2) establish disemination procedures to increase
the usefulness for departments and agencies (including
departments and agencies not within the intelligence
community) of information collected, processed, and
analyzed through national intelligence activities; and
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(3) ensure access of each entity of the intelligence
community to national intelligence relevant to that
entity's authorized activities which has
been collected or produced by any other entity of the
intelligence community.
(g) The: Director shall ensure the appropriate implementation
of special activities and sensitive foreign intelligence,
counterintelligence, and counterterrorism intelligence
activities outside the United States designated under section
133 of this Act.
(h) The: Director shall--
(1) formulate policies with respect to intelligence
arrangements with foreign governments, in consultation
with the: Secretary of State; and
(2) coordinate intelligence relationships between
the various entities of the intelligence community and
the foreign intelligence or internal security services
of foreign governments.
(L) The Director shall promote the development and
maintenance of services of common concern by designated
foreign intelligence organizations on behalf of the intelligence
communL ty.
(j) The: Director shall be responsible for the protection
from unauthorized disclosure of intelligence sources and methods
and shall establish for departments and agencies minimum
security standards for the management and handling of information
and material relating to intelligence sources and methods.
(k) No provision of law shall be construed to require
the Director or any other officer or employee of the United
States to disclose the organization, function, name, official
title, salary, or affiliation with the Office of the Director
of National Intelligence of any person employed by the office,
or the numbers of persons employed by the Office.
(1) The Director may appoint and separate such civilian
personnel or contract for such personal services as the Director
deems advisable to perform the functions of the office of
so
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the Director, without regard to the
provisions of any other law,
including, but not limited to, provisions which place limitations
on types of persons to be employed, and fix the compensation of
such personnel without regard to chapter 51 and subchapter III and IV
of chapter 53 of title V, United States Code, relating to
classification and General Schedule pay rates, but at such
rates not in excess of the maximum rate authorized under
other provisions of law.
(m) Notwithstanding any other provision of law, the Director
may terminate the employment of any officer or employee of the Office
of the Director or, with the concurrence of the head of the department
or agency concerned, the security clearance of any contractor of
any entity of the intelligence community whenever the Director
considers such termination necessary or advisable in the interests
of the United States.
(n) Any officer or employee of the Office of the Director
including those separated under subsection (1) or whose employment
has been terminated under subsection (m) may seek or accept
employment in any other department or agency of the Government;
if declared eligible for such employment by the Office of Personnel
Management; and that Office shall consider such officer or employee
for positions in the competitive civil service in the same manner as
if transferring between two positions in the competitive service, but
only if such officer or employee has served with the Office of the
Director or any other entity of the intelligence community for a
total of at least one year continuously immediately preceding
separation or termination.
Co) In order to carry out the Director's duties under this
title, the Director is authorized to conduct program and performance
audits and evaluations of the national intelligence activities
of the entities of the intelligence community and to obtain from
any department or agency such information as the Director deems
necessary to perform such duties; and each department and agency
shall furnish, upon request and in accordance with applicable
law, such information to the Director.
(p) In order to carry out the Director's duties under
this title, the Director is authorized to review all research
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and development activities which support the intelligence
activities of the Government and may review all the intelligence
activities of the Government.
ASSISTANT DIRECTOR; GENERAL COUNSEL; COMMITTEES AND BOARDS
Sec. 305. (a) The President is authorized to appoint
up to five Assistant Directors of National Intelligence to
assist the Director in carrying out the responsibilities of
the Director under this Act. At no time shall more than two
of the positions of Assistant Director of National Intelligence
be occupied by commissioned officers of the armed forces, whether
inactive or retired status. If a commissioned officer of the
armed forces serves as an Assistant Director of National
Intelligence, the provisions of section 303 (d)-(f) shall
apply to such officer.
(b) The Director, with respect to the Office of the
Director, the Attorney General with respect to the Attorney
General's duties and responsibilities under this Act, and
the head of each entity of the intelligence community with
respect to that entity, is authorized to establish such
committees or boards, composed of officers and employees of
the United States, as may be necessary to carry out effectively
the provisions of this Act.
(c) The President is authorized to appoint, by and with
the advice and consent of the Senate, a General Counsel who
shall discharge the responsibilities of general counsel under
this Act for the Office of the Director of National Intelligence
and for the Central Intelligence Agency.
(d) (1) The Director, with respect to the Office of
the Director, the Attorney General with respect to the
Attorney General's duties and responsibilities under this
Act, and the head of each entity of the intelligence community
with respect to that entity, are authorized to establish such advisory
$0 a
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committees as may be necessary to provide expert advice regarding
the administration of this Act.
(2) The provisions of the Federal Advisory Committee Act
(86 Stat. 770; 5 U.S.C. App. I, 1-15) shall apply with respect
to any advisory committee established under authority of this
subsection except that the Director, Attorney General, or the
head of any entity of the intelligence community, as the case
may be, may waive the application of any or all of the provisions
of that Act when such official deems such action necessary to
the successful performance of the duties of the Director, the
Attorney General, or any entity of the intelligence community,
as the case may be, or to protect the security of the activities
of the intelligence community.
DEPARTMENTAL RESPONSIBILITY FOR
REPORTING NATIONAL INTELLIGENCE
Sec. 306. It shall be the responsibility of the heads of
departments and agencies to ensure that all national intelligence
obtained by such departments and agencies is promptly furnished
to the Director or to the entity of the intelligence community
designated by the Director to receive such intelligence.
ANNUAL REPORT OF THE DIRECTOR
Sec. 307 The Director shall make available to the public
an unclassified annual report on the national intelligence,
counterintelligence, and counterterrorism activities conducted by
entities of the intelligence community. Nothing in this
subsection shall be construed as requiring the public disclosure,
in any such report made available to the public, of the names of
individuals engaged in such activities for the United States or
the divulging of classified information which requires protection
from disclosure by law.
T3
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NATIONAL INTELLIGENCE PROGRAM AND BUD(,RT
AUTHORITY; INFORMATION
Sec.. 308,. . The Director shall, to the extent consistent
with applicable law, have full and exclusive authority for
approval of the national intelligence budget submitted to the
President. Pursuant to this authority--
(a) The Director shall provide guidance for program
and budget development to program managers and heads of
component activities and to department and agency heads;
(b) The heads of departments and agencies involved
in the national intelligence budget shall ensure timely
development and submission to the Director of proposed
national programs and budgets, in the format designated
by the Director, by the program managers and heads of
component activities, and shall also ensure that the
Director is provided, in a timely and responsive manner,
all information necessary to perform the Director's
program and budget responsibilities;
(c) The Director shall review and evaluate the
national program and budget submissions and, with the
advice of the departments and agencies concerned, develop
the national intelligence budget and present it to the
President through the Office of Management and Budget;
(d) The Director shall present and justify the
national intelligence budget to the Congress;
(e) The Director shall have full and exclusive
authority for reprogramming national intelligence budget
funds, in accordance with guidelines established by
the Office of Management and Budget and after consultation
with the '.Head of the department or agency affected. The
implementation of the overall budget by the departments
and agencies that include entities of the intelligence
community shall have no significant predictable adverse
effect on the implementation of the national intelligence
budget.
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FUNDS APPROPRIATED TO THE OFFICE OF THE DIRECTOR
Sec. 309. Whenever the Director determines such
action to be necessary in the interest of the national security,
the expenditure of funds appropriated to the Office of the
Director for authorized activities shall be accounted for
solely on the certificate of the Director and every such
certificate shall be deemed a sufficient voucher for the
amount certified therein, but funds expended for such purposes
may be expended only for activities authorized by law.
sx
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STATEMENT OF PURPOSES
Sec. 401. it is the purpose of this title --
(1) to clarify the statutory authorities, functions, and
responsibilities of the Central Intelligence Agency;
(2) to authorize the Central Intelligence Agency to perform
intelligence activities that are necessary for the conduct of the
foreign relations and the protection of the national security of the
United States;!
(3) to ensure that the intelligence activities of the Central
Intelligence Agency are properly and effectively directed,
regulated, coordinated, and administered; and
(4) to ensure that the Central Intelligence Agency is
accountable to the President, the Congress, and the people of the
United States,, and that the activities of the Central Intelligence
Agency are conducted in a manner consistent with the Constitution
and laws of the United States.
ESTABLISHMENT OF AGENCY; DIRECTOR; DEPUTY DIRECTOR;
GENERAL COUNSEL; INSPECTOR GENERAL; FUNCTIONS
ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY
Sec. 411. There is established in the Executive branch of the
government an independent establishment to be known as the Central
Intelligence Agency (hereinafter in this title referred to as "the
Agency"), which shall perform its functions under the direction of
the National Security Council and subject to intelligence plans,
objectives, and requirements established by the Director of National
Intelligence.
DUTIES OF DIRECTOR AND DEPUTY DIRECTOR
Sec. 412. (a) There shall be at the head of the Agency a
Director of the Central Intelligence Agency (hereinafter in this
title referred to as the "Director of the Agency") who shall he
SID
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appointed by the President, with the advice and consent of the
Senate. The Director of National Intelligence shall serve as
Director of the Agency. The President is authorized to appoint the
Deputy Director of National Intelligence or an Assistant Director of
National Intelligence as the Director of the Agency or to transfer
any of the duties and authorities of the Director of the Agency to
such Deputy Director or Assistant Director, provided that such
appointment or transfer receives the advice and consent of the
Senate. No person may serve as the Director of the Agency for more
than ten years.
(b) There shall be a Deputy Director of the Central
Intelligence Agency (hereinafter in this title referred to as the
"Deputy Director") who shall be appointed by the President, with the
advice and consent of the Senate, and who shall assist in carrying
out the functions of the Director of the Agency and who shall
exercise all the duties of the Director of the Agency in the absence
of the Director of the Agency.
(c) At no time shall the offices of Director of the Agency
and Deputy Director be occupied simultaneously by commissioned
officers of the Armed Forces, whether in an active or retired
status.
(d) (1) If a commissioned officer of the Armed Forces is
appointed as Director of the Agency or Deputy Director, then--
(A) in the performance of the duties of Director of the
Agency or Deputy Director, as the case may be, the officer
shall be subject to no supervision, control, restriction, or
prohibition (military or otherwise) other than would be
applicable if that officer were a civilian in no way connected
with the Department of Defense, the military departments, or
the Armed Forces of the United States or any component thereof;
and
(B) that officer shall not possess or exercise any
supervision, control, powers, or functions (other than those
authorized to that officer as Director of the Agency or Deputy
Director) with respect to the Department of Defense, the
military departments, or the Armed Forces of the United States
907
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or any component thereof, or with respect to any of the
personnel (military or civilian) of any of the foregoing.
(2) Except as provided in this section, the appointment to
the office of Director of the Agency or Deputy Director of a
commissioned officer of the Armed -Forces, and acceptance of and
service in such an office by that officer, shall in no way affect
any status, office, rank, or grade -that officer may occupy or hold
in the armed forces, or any emolument, perquisite, right, privilege,
or benefit incident to or arising out of any such status, office,
rank, or grade. A commissioned officer -shall, while serving in the
office of Director of the Agency or Deputy Director, continue to
hold rank and grade not lower than that in which that officer was
serving, at the time of that officer's appointment as Director of the
Agency or Deputy Director.
(e) It shall be the duty of the Director of the Agency to--
(1) ensure that the activities of the Agency are
conducted in accordance with the provisions of this Act and
with the Constitution and laws of the United States;
(2) ensur-e that the activities of the -Agency are
properly and efficiently directed, regulated, coordinated, and
administered;
(3) perform as Director of the Agency the duties
assigned elsewhere in this Act to the head of each entity of
the intelligence community;
(4) protect intelligence sources and methods from
unauthorized disclosure; and
(5) specify by regulation the order in which senior
officials of the Agency may exercise all the duties of the
Deputy Director during any temporary absence, disability, or
vacancy in that office.
GENERAL COUNSEL AND INSPECTOR GENERAL
Sec. 413. (aj There shall be a General Counsel appointed by
the President, by and with the advice and consent of the Senate, who
shall discharge the responsibilities of general counsel under this
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Act for the Office of the Director of National Intelligence and
for the Agency. In the temporary absence of the General Counsel,
the Deputy General Counsel is authorized to exercise all the
p
functions of the General Counsel.
(b) There shall be an Inspector General appointed by the
Director of the Agency who shall discharge the responsibilities of
inspector general under this Act for the Office of the Director of
National Intelligence and for the Agency.
FUNCTIONS
Sec. 414. (a) All activities, duties, and responsibilities
of the Agency shall be performed in accordance with this Act.
(b) The Agency shall--
(1) conduct foreign intelligence activities including
collection by clandestine means;
(2) conduct counterintelligence and counterterrorism
intelligence activities including activities by clandestine
means;
(3)
conduct special activities;
(4) analyze foreign intelligence collected by any
entity of the intelligence community, and process such
intelligence as necessary to fulfill its responsibilities under
this Act;
(5) produce, publish, and disseminate intelligence to
meet the needs of the President, the National Security Council,
the Director of National Intelligence, and other officials and
departments and agencies, including national intelligence
estimates and similar analyses coordinated with other entities
of the intelligence community;
(6) develon, conduct, and provide support for technical,
reconnaissance, and other programs, including the conduct of
signals intelligence activities in accordance with subsection
641(d) of this Act, to collect intelligence outside the United
States;
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(7) act as the agent of the Director of National
Intelligence in the coordination of counterintelligence
activities, counterterrorism intelligence activities, and
clandestine collection of foreign intelligence, conducted
outside the United States by any other entity of the
intelligence community;
(8) under the direction of the Director of National
Intelligence conduct liaison with and provide assistance to
foreign -governmental agencies and act as the agent of the
Director of National -Intelligence in the coordination of such
relationships by any other entity of the intelligence
community;
(9) conduct services of corataon concern for the intelli-
gence community:
(A) monitoring of foreign public radio and
television broadcasts and foreign press services,
collection of intelligence from cooperating sources in
the United States, acquisition and translation of foreign
publications, and photographic interpretation; and
(3) such other services of common concern as the
Director of National Intelligence may prescribe;
(10) coordinate the overt collection of foreign
intelligence by entities of the intelligence community from
witting and voluntary sources within the United States;
(11) conduct or contract for research, development, and
procurement: of systems and devices relating to its authorized
functions;
(12) perform inspection, audit, public affairs, legal,
legislative, and other administrative functions to support its
authorized activities, and provide such support to the Office
of the Director of National Intelligence as directed by the
Director of National Intelligence; and
(13) perform such additional functions as are otherwise
authorized by this Act to be performed by each entity of the
intelligence community.
(c) Withn the United States the Agency may collect foreign
intelligence by clandestine means only in coordination with the
Federal Bureau of Investigation, in accordance with standards and
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procedures agreed upon by the Director of National Intelligence and
the Attorney General, and may direct such collection against
unconsenting United States persons only as permitted by section
213(d) of this Act.
(d) Within the United States the Agency may conduct
.counterintelligence and counterterrorism intelligence activities by
clandestine means only with the approval of the Director of the
Federal Bureau of Investigation or a designee, made or confirmed in
writing, and shall keep the Federal Bureau of Investigation fully
and currently informed of any such activities, in accordance with
section 504(d) of this Act.
AUTHORITIES OF THE AGENCY; AUTHORIZATION FOR APPROPRIATIONS
GENERAL AUTHORITIES OF THE AGENCY
Sec. 421. (a) In carrying out its functions under this Act,
the Agency is authorized to--
(1) exchange funds, and transfer to and receive from
other departments and agencies such sums of money as may be'
approved by the Director of the Office of Management and
Budget for the purpose of carrying out authorized functions,
and sums so transferred to or from the Agency may be expended
without regard to any limitation on appropriations from
which transferred;
(2) reimburse or be reimbursed by other departments and
agencies in connection with the detail or assignment of
personnel to or from the Agency;
(3) rent any premises within or outside the United
States as appropriate to carry out any authorized function of
the Agency; lease property, supplies, services, equipment,
buildings or facilities; acquire, construct, or alter buildings
and facilities, or contract for such purposes; repair, operate,
and maintain buildings, utilities, facilities, and
appurtenances; and exercise exclusive jurisdiction, control, and
custody over all facilities and properties owned or utilized by
the Agency;
(91
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(4) maintain and operate full-scale printing facilities
for the production of intelligence and intelligence-related
materials and lease or purchase and operate computer and
communications equipment as appropriate to carry out authorized
functions;
(5) conduct background investigations in accordance
with section 217 of this Act to determine the suitability
and trustiworthiness of-employees, contractors and contractor
employees who will perform work in connection with an Agency
contract, applicants for contractor status, person-s employed
by -gency proprietaries, or applicants for employment or for
access to facilities or classified Agency information, con-
sultants, persons detailed or assigned to the Agency, and
persons similarly associated with the Office of the Director
of National Intelligence;
(6) acquire, establish, maintain, and operate secure
communications systems in support of Agency operations and in
support of the Office of the Director of National Intelligence,
and, when authorized by the Director of the Agency, in support
of any other department or agency;
(7) in addition to the authority provided under 31
U.S.C;. 686, provide to any department or agency such services,
supplies, or equipment as the Agency may be in a position to
render, supply, or obtain by contract, and place orders with
departments or agencies that may be in a position to render,
supply, or obtain services, supplies, or equipment by contract
or otherwise;
(8) protect Agency personnel, installations, equipment
and in-formation by lawful security procedures, including, but
not limited to, inspections of per-sons and items entering or
leaving facilities and grounds owned or utili-zed by the Agency;
(9) provide transportation, in accordance with
regulations approved by the Director of the Agency, for
officers, employees and contractors of the Agency and the
Office of the Director of National Intelligence, or their
dependents, when other means of transportation are unsafe
or inadequate;
(10) settle and pay claims of civilian and military
personnel, as prescribed in Agency regulations consistent with
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the terms and conditions by which claims are settled and paid
under the Military Personnel and. Civilian Employees' Claims Act
of 1964, as amended (31 U.S.C. 240-243);
(11) pay, in accordance with regulations approved by the
Director, expenses of travel in connection with, and expenses
incident to membership in, or attendance at meetings of
professional, technical, scientific, and other similar
organizations and professional associations when such
attendance or membership would be of benefit in the conduct of
the work of the Agency;
(12) provide or pay expenses of training to support
authorized Agency functions, and, as appropriate, provide
training for personnel of other departments and agencies;
(13) perform inspection, audit, public affairs, legal,
legislative, and other administrative functions; and
(14) perform such additional functions as are otherwise
authorized by this Act to be performed by each entity of the
intelligence community.
(b) Any department or agency may transfer to or receive from
the Agency any sum of money in accordance with subsection (a)(l)-(2).
of this section.
(c) Any department or agency is authorized to assign or
detail to the Agency any officer or employee of such department or
agency to assist the Agency in carrying out any authorized function
and the Agency may similarly assign or detail personnel to any other
department or agency.
(d) No provision of law shall be construed to require the
Director of the Agency or any other officer or employee of the
United States to disclose information concerning the organization or
functions of the Agency, including the name, official title, salary,
or affiliation with the Agency of any person employed by, or
otherwise associated with the Agency, or the number of persons
employed by the Agency. In addition, the Agency shall also be
exempted from the provisions of any law which require the
publication or disclosure, or the search or review in connection
therewith, of information in files specifically designated to be
(013
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 conc-e r rqM4F.or r#@a%;q0 06/?Rh~[A a DP88e00 88R000200160009-5
, p oyment, exploi-tation or
utilization of scientific or technical systems for the collection of
intelligence; special activities and intelligence operations;
investigations conducted to determine the suitability of potential
intelligence sources; intelligence and security liaison arrangements
or information exchanges with foreign governments or their
intelligence. or security services; except that requests by United
States citizens and permanent resident alines for information con-
cerning themselves, made pursuant to Sections 552 and 552a of
title 5, shall be processed in accordance with those sections.
(e) The Agency is authorized to establish, administer, and
maintain methods to conceal and protect -the relation-ship between the
Agency and any of its officers, employe-es, sources, and activities,
and for personnel and activities of the office of the Director of
National Intelligence, and for defectors from foreign countries.
(f) The Agency may continue to use and may modify with the
approval of the President the seal of office used by the Central
Intelligence Agency prior to the effective date of this title and
judicial notzce shall be taken of such seal.
(g) The Director of the Agency ?nay employ or contract for
security officers to policeand protect the security of Agency
personnel, installations and grounds owned or utilized by the Agency
or the Office of the Director of National Intelligence, and such
security officers shall have the same powers as sheriffs and
constables for the protection of persons and property, to prevent
breaches of the peace, to suppress affrays or unlawful assemblies,
and to enforce any rule or regulation the Director of the Agency may
promulgate for the protection of such installations-and grounds.
The jurisdiction and police powers of such security officers shall
not, however, extend to the service of civil process.
(h) Under such regulations as the Director of the Agency
shall prescribe, Agency personnel may carry and use firearms while
in the discharge of thei-r official duties: Provided, that within
the United States, such official duties shall include only the
protect.ion of (1) information concerning intelligence sources and
methods and classified documents and material; (2) -facilities,
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property, monies and.other valuable assets owned or utilized by the
Agency or the Office of the Director of National Intelligence; (3)
personnel of the Agency or the Office of the Director of National
Intelligence as may be designated by the Director of the Agency; and
(4) defectors and foreign persons visiting the United States under
Agency auspices; and Provided further, that such duties shall
include the transportation and utilization of firearms for
authorized training.
(i) (1) The Agency may employ, manage and separate
personnel or contract for such personal services as it deems
advisable, and the Agency may expend such sums as it deems
advisable for the compensation and management of persons employed
by or otherwise associated with the Agency;
(2) The Director of the Agency may, in the discretion of the
Director of the Agency, terminate the employment of any officer or
employee of the Central Intelligence Agency, or the access of any
individual, including contractors of the Agency or any employee of
any such contractor, to information relating to intelligence
activities whenever the Director of the Agency considers such
termination necessary or advisable.
(3) Any Agency officer or employee, including any officer
or employee who has been separated under paragraph (1), or whose
employment has been terminated under paragraph (2), may seek or
accept employment in the competitive service of the Government if
declared eligible for such employment by the Office of Personnel
Management; and that Office shall consider such officer or employee
for positions in the competitive civil service in the same manner as
if transferring between two positions in the competitive service,
but only if such Agency officer or employee has served with the
Agency or the Office of the Director of National Intelligence for a
total of at least one year continuously immediately preceding separa-
tion or termination.
(j) The Director of the Agency is authorized to accept, hold,
administer, and utilize gifts and bequests of property, both real
and personal, for artistic or general employee or dependent welfare,
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 educational, e? 3~ ona .Lor i5/ a/2pUrpoo se, wtJene88er0m e01Director of
the Agency determines that it would be in the interesi:s of the
Agency to do so. Gifts and bequests of iaoney and the proceeds from
sales of other property received as gifts or bequests shall be
deposited in the Treasury in a separate fund and shall be disbursed
upon order of the Director of the Agency. Property accepted
pursuant to this provision, and the proceeds thereof, shall be used
as nearly as possible in accordance with the terms of the gift or
bequest. For purposes of federal, income, estate, or gift taxes,
gifts or property accepted under this subsection shall be accepted
as a gift,, devise, or bequest to the United States.
(k) Except as otherwise provided in this Act, the authorities
contained in subsections (a) through (e) and (i) of this section may
be exercised notwithstanding any other provision of law.
(1) The Agency shall have no police, subpoena, or law
enforcement powers, nor perform any internal security or criminal
investigation functions, except to the extent expressly authorized
by this Act.
PROCUREMENT
Sec. 422. (a) Except as otherwise provided in this Act, the
Agency is authorized to procure, use, and dispose of such real and
personal property, supplies, services, equipment and facilities
without regard -to any other provision of law, whenever deemed
necessary to carry out authorized functions.
(b) The provisions of chapter 137, relating to the
procurement of property and services, and chapter 139, relating to
the procurement of research and development services, of title 10,
United States Code, as amended, -shall apply to the procurement of
property and research and development services by the Agency under
this title in the same manner and to the same extent such chapters
apply to the procurement of property, services, and research and
development services by the agencies named in section 2303(a) of
chapter 137 of title 10, except that the Director of the Agency may
specify by regulation when any or all of the provisions of chapters
(0b
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137 and 139 of title 10 may be waived for the effective performance
of authorized functions.
(c) In accordance with regulations promulgated by the
Director of the Agency, the Agency is authorized to enter into
contracts and amendments of contracts, and to make advance payments
on contracts, without regard to any other provision of law, whenever
deemed necessary for the effective performance of authorized
functions.
(d) Except as otherwise provided in this Act, the Agency is
authorized to dispose of property and use the proceeds therefrom to
purchase new property without regard to any other provision of law,
in accordance with regulations approved by the Director of the
Agency, whenever such action is found necessary for the effective
performance of authorized functions in accordance with regulations
established by the Director of the Agency.
PROPRIETARIES
Sec. 423. (a) The Agency is authorized to establish and
operate proprietaries in support of Agency operations and, with the
approval of the Director of National Intelligence, in support of
other entities of the intelligence community. In addition, any such
proprietaries may be operated on a commercial basis to the extent
necessary to provide effective cover.
(b) Appropriated funds and funds generated by an Agency
proprietary or otherwise received may be deposited in banks or other
financial institutions and expended as necessary to accomplish the
same or closely related operational purposes except that funds in excess
of amounts necessary for such purposes shall be deposited into mis-
cellaneous receipts of the Treasury.
(c) Proceeds from the liquidation, sale, or other disposition
of any Agency proprietary may be expended to establish and operate
other proprietaries in furtherance of the same or closely related
operational purposes. Any such proceeds not so expended shall be
deposited into miscellaneous receipts of the Treasury, except for
amounts deemed necessary or required by law to be retained for the
purpose of satisfying claims or obligations.
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(d) Whenever any Agency proprietary, or operationally related
group of proprietaries, whose net value exceeds $150,000 is to be
liquidated, sold, or otherwise disposed of, the Agency shall, as
much in advance of the liquidation, sale, or other disposition as
practicable, report the circumstances of the intended liquidation,
sale, or other disposition to the House Permanent Select Committee
on Intelligence and the Senate Select Committee on Intelligence.
(ej The authority contained in this section shall, except as
otherwise provided in this Act, be available to the Agency
notwithstanding any other provision of law.
RELATIONSHIPS WITH OTHER ENTITIES
Sec. 424. In addition to those activities of the Agency that
relate to other departments and agencies and that are authorized in
other provisions of this Act, the Agency is further authorized-
(1) to request other entities of the intelligence
community to undertake authorized intelligence activities;
(2) to receive assistance from federal, state and local
law enforcement agencies in the conduct of authorized
functions;
(3) to provide and receive technical guidance,
training, and equipment, and, under regulations -establ-fished by
the :Director of the Agency, the services of expert personnel,
to or from any other federal agency or foreign government, and,
when not readily available from another federal agency, to or
from state or local governments;
(4) to provide and receive technical information or
assistance to or from the Passport Office of the Department of
State and the Immigration and Naturalization Service of the
Department of Justice to assist in carrying out authorized
functions; and
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(5) when the Internal Revenue Service is performing an
audit of an Agency proprietary or any other organization or
individual whose relationship with the Agency is concealed or
protected, to. notify the Internal Revenue Service of such
relationship in order that it not be disclosed publicly in
connection with the audit.
ADMISSION OF ESSENTIAL ALIENS
Sec. 425. (a) Whenever the Director of the Agency, the
Attorney General, and the Commissioner of Immigration and
Naturalization determine that the entry of particular aliens into
the United States for permanent residence is in the interest of
national security or essential to intelligence activities, such
aliens and their immediate families shall be given entry into the
United States for permanent residence without regard to their
inadmissibility under, or their failure to comply with, any
immigration law of the United States or any other law or regulation,
but in no case may the number of aliens and members of their
immediate families who enter the United States under the authority
of this section exceed one hundred in any one fiscal year. The
Agency is authorized to process, debrief, and provide relocation
assistance to such individuals, as necessary and appropriate under
regulations established by the Director of the Agency.
(b) When extraordinary circumstances indicate that a foreign
person associated with the Agency should enter or leave the United
States under other than that person's true identity, the Agency is
authorized to notify the Immigration and Naturalization Service of
these circumstances and request a waiver of otherwise applicable
rules and procedures.
AUTHORIZATION FOR APPROPRIATIONS AND EXPENDITURES
Sec. 42G. (a) Notwithstanding any other provision of law,
sums available to the Agency by appropriation or otherwise received
may be expended to carry out the authorized functions of the Agency.
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AUTHORIZATION FOR APPROPRIATIONS AND EXPENDITURES
Sec. 426. (a) Notwithstanding any other provision of law,
sums available to the Agency by appropriation or otherwise received
may be expended to carry out the authorized functions of the Agency.
No funds may be appropriated for any fiscal year beginning after
September 30, 1980, for the purpose of carrying out activity of
the Agency unless funds for such activity have been previously
authorized by legislation enacted during the same fiscal year or
during one of the two immediately preceding fiscal years, except
that this limitation shall not apply to funds appropriated by any
continuing resolution or required by pay raises.
(b) Whenever the Director of the Agency determines such
action to be necessary in the interest of the national security, the
expenditure of funds appropriated to or otherwise received by the
Agency shall be accounted for solely on the certificate of the
'Director of the Agency and every such certificate shall be deemed a
sufficient voucher for the amount certified therein.
(c) There is established and the Director of the Agency is
authorized to establish and maintain a fund to be known as the
Contingency Reserve Fund (hereinafter in this section -referred to as
the "Reserve Fund") and to credit to the Reserve Fund monies
specifically appropriated to the Central Intelligence Agency for
such fund and unused balances of funds previously withdrawn from the
Reserve Fund.
(d) The Director of the Agency is -authorized to expend monies
from the Reserve Fund for the payment of -expenses incurred in
connection with any authorized intelligence activity if--
(1; the withdrawal of funds from the Reserve Fund has
been approved by the office of Management and Budget;
(2; the Committee on Appropriations of the House of
Representatives, the Committee on Appropriations of the Senate,
the House Permanent Select Committee on intelligence, and the
Senate Select Committee on Intelligence have been notified of
the purpose of such withdrawal at least 72 hours in advance of
the withdrawal; except that in extraordinary circumstances the
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Director of the Agency may authorize the withdrawal of funds
from the Reserve Fund without prior notification to the
appropriate committees of the Congress if the Director of the
Agency notifies such committees within 48 hours after
initiation of the withdrawal, describes the activity for which
such funds have been or are to be expended, certifies to such
committees that prior notification would have resulted in a
delay which would have been harmful to the United States, and
discloses to such committees the reasons why the delay would
have been harmful. The foregoing shall not be construed as
requiring the approval of any committee of the Congress prior
to the initiation of any such activity;
(3) the monies from the Reserve Fund are used solely
for the purpose of meeting needs that were not
anticipated at the time the President's budget was submitted to
the Congress for the fiscal year in which the withdrawal is
authorized, and the activities to be funded require protection
from unauthorized disclosure; and
(4) any activity funded from the Reserve Fund that
continues after the end of the fiscal year in which it was
funded by monies from the Reserve Fund shall be funded
thereafter through the regular budgetary process at the
earliest practicable date.
(e) Monies from the Reserve Fund may be expended only for the
purpose for which the withdrawal was approved under this subsection
and any amount approved for expenditure but not actually expended or
to be expended for the purpose for which approved shall be returned
to the Reserve Fund.
7,
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PART D
TRAVEL AND OTHER ALLOWANCES; RELATED EXPENSES;
RE'TIREMTT SYSTEM; AND DEATH GRATUITIES
Spec. 431. (a) As used in this section "employee" means
an "employee" as defined in 5 U.S.C. 210-5, but does not include,
unless otherwise specifically provided in accordance with regula-
tions issued by the Director of the Agency, any person working
for the: Agency under a contract or any person who, when initially
employed, is a resident in or a citizen of the foreign country in
which such person is to be assigned to duty.
(b) Under re-gulations issued by the Director of the Agency
the Agency may pay--
(1) travel, transportation, and subsistence expenses as
provided for in chapters 57 and 59 of title 5, United States
Code;
(2) travel, transportation, medical, subsistence, and
other allowances and benefits in a manner and under
circumstances comparable to those provided under title IX of
the Foreign Service Act of 1946 (22 U.S.C. 1131-1160);
(3) educational travel benefits for dependents in the
same manner and under the same circumstances as such benefits
are provided under 5 U.S.C. 5924 (4)(A) and (B) for dependents
of employees of the Department of State; and
(4) (A) a gratuity to the surviving dependents of
officers or employees who die as a result of injuries
(excluding disease) sustained outside the United States,
in an amount equal to one year's salary at the time of
death. Such payment shall be made only upon determination
of the Director of the Agency or his designee that the
death: (1) resulted from hostile or terrorist activity;
or, (2) occurred in connection with an intelligence activity
having a -substantial element of risk. Any payment made under
this subsection shall be held to have been a gift and shall
be in addition to any other benefit payable from any source.
(B) A death gratuity payment under this subsection
shall be made as follows:
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"[11 First, to the widow or widower.
[2l Second, to the child, or children in equal
shares, if there is no widow or widower.
"[3] Third, to the dependent parent, or dependent
parents in equal shares, if there is no widow, widower,
or child. If there is no survivor entitled to payment
no payment shall be made.
"(C) As used in this subsection--
"[11 each of the terms 'widow', 'widower', 'child',
and 'parent' shall have the same meaning given each such
term by section 8101 of title 5, United States Code; and
"(2] the term 'United States' means the several
States and the District of Columbia.
"(D) the provisions of this subsection shall apply
with respect to deaths occurring on or after July 1, 1979.".
(c) Whenever any provision of law relating to expenses,
allowances, benefits or death gratuities of Foreign Service
employees or dependents is enacted after the date of enactment of
this Act in a form other than as an amendment to one of the
provisions referred to in subsection (b) and the Director of the
Agency determines that it would be appropriate for the purpose of
promoting the effective performance of authorized functions, the
Director of-the Agency may, by regulation authorize payment, in whole
or in part to Agency employees or dependents of such expenses, allow-
ances, benefits and gratuities.
(d) Notwithstanding the provisions of subsections (b) and
(c), and under regulations issued by the Director of the Agency, the
Agency may pay expenses, allowances, benefits, and gratuities
similar to those specifically authorized in those subsections in any
case in which the Director of the Agency determines that such
expenses, allowances, benefits or gratuities are necessary for the
effective performance of authorized functions or that, for reasons
of operational necessity or security, the means of paying expenses,
allowances, benefits, and gratuities authorized in subsections (b)
and (c), should not be utilized, and may pay special expenses,
allowances, benefits, and gratuities when necessary to sustain
particular Agency activities.
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RETIREMENT SYSTEM
Sec. 432. The "Central Intelligence Agency" in section 111(1)
of the Central Intelligence Agency Retirement Act, and the "Director
of Central Intelligence" in section 112 of that Act, shall be deemed
to refer to the "Central Intelligence Agency" and the "Director of
the Agency" as established under this title. With the exception of
the foregoing sentence, nothing in this Act shall affect the
entitlement of Agency employees and former Agency employees to
participate in the retirement system established by the Central
Intelligence Agency Retirement Act or the retirement system
established by chapter 83 of title 5, United States Code.
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS;
STATUTES REPEALED; EFFECT OF SUBSEQUENT LAW
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS
Sec.. 441. (a) All positions, except those of the Director
of Central Intelligence and the Deputy Director of Central
Intelligence, established in and personnel employed by the Central
Intelligence Agency on the day before the effective date of this
title, and all obligations, contracts, properties, and records
employed, held, or-used by the Agency are transferred to the Agency.
(b) All orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, entitlements, and privileges
which have become effective in the exercise of functions transferred
under this title and which are in effect on the effective date of
this title, shall continue in effect until modified, terminated,
superseded, set aside, or repealed by the Director of the Agency or
other properly designated Agency official, by any court of competent
jurisdiction, or by operation of law.
(c) The provisions of this title shall not affect any
proceedings pending before the Central Intelligence Agency as in
effect prior to the effective date of this title.
(d) No suit, action, or other proceeding begun prior to the
effective date of this title, shall abate by reason of enactment of
this title.
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(e) With respect to any function transferred by this title
and exercised after the effective date of this title, reference in
any other Federal law to any department, agency, office, or part
thereof shall be deemed to refer to the department, agency, or
office in which such function is vested pursuant to this title, and
reference in any other Federal law to a provision of law replaced by
similar provisions in this title shall be deemed to refer to the
provisions in this title.
STATUTES REPEALED; EFFECT OF SUBSEQUENT LAW
Sec. 442 (a) No provision of this Act shall be construed
to limit or deny to the Agency any authority which may be exercised
by the Agency under any other provision of applicable law existing
on the date of the enactment of this Act, or as amended subsequent
to the date of the enactment of this Act.
(b) No law enacted after the date of the enactment of this
Act shall be held, considered or construed as amending, limiting,
superseding or otherwise modifying sections 421(a)(3), 421(d),
421(1), 422, 423, 425, and 426 of this title unless such law does
so by specifically and explicitly amending, limiting, or superseding
such provision.
(c)_ Section 102 of the National Security Act of 1947 (50
U.S.C. 403) and the Central Intelligence Agency Act of 1949 (50
U.S.C. 403a-403j) are repealed.
PART F
CRIMINAL PENALTY
Sec. 443. (a) Chapter 33 of title 18, United States Code,
is amended by adding at the end thereof a new section as follows:
"S. 716. Misuse of the name, initials, or seal of the
Central Intelligence Agency
"Any person who knowingly and without the express written
permission of the Director of the Central Intelligence Agency uses
the name 'Central Intelligence Agency', the initials 'CIA', the seal
of the Central Intelligence Agency, or any colorable imitation of
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such name, initials, or seal in connection with any solicitation
or impersonation for other than authorized purposes or in connection
with any commercial enterprise, including any merchandise, advertise-
ment, book, circular, pamphlet, play, motion picture, broadcast,
telecast, or other publication or production in a manner intended
to convey the impression that such use is approved, endorsed, or
authorized by the Central Intelligence Agency shall be fined not
more than $10,000 or imprisoned not more than one year, or both."
(b) The table of sections at the beginning of chapter 33
of such title is amended by adding at the end thereof a new item
as follows:
"716. Misuse of the name, initials, or seal of the Central
Intelligence Agency."
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'T'ITLE V -- FEDERAL BUREAU OF INVESTIGATION
STATEMENT OF PURPOSE
Sec. 501. It is the purpose of this Act--
(1) to authorize the Federal Bureau of Investigation, subject
to the supervision and control of the Attorney General, to perform
certain intelligence activities necessary for the conduct of the
foreign relations and the protection of the national security of the
United States;
(2) to delineate responsibilities of the Director of the
Federal Bureau of Investigation, and to confer upon the Director the
authority necessary to fulfill those responsibilities;
(3) to ensure that the intelligence activities of the Federal
Bureau of Investigation are properly and effectively directed,
regulated, coordinated, and administered; and
(4) to ensure that in the conduct of its intelligence
activities the Federal Bureau of Investigation is accountable to the
Attorney General, the President, the Congress, and the people of the
United States and that those activities are conducted in a manner
consistent with the Constitution and laws of the United States.
SUPERVISION AND CONTROL
Sec. 502. (a) All authorities, duties, and responsibilities
of the Federal Bureau of Investigation (hereinafter in this title
referred to as the "Bureau") for the conduct of intelligence
activities, including law enforcement aspects of intelligence
activities, shall be exercised in accordance with this Act.
(b) All intelligence functions of the Bureau shall be
performed under the supervision and control of the Attorney General.
In exercising such supervision and control, the Attorney General
shall be guided by policies and priorities established by the
National Security Council and shall be responsive to foreign
intelligence collection objectives, requirements, and plans
promulgated by the Director of National Intelligence.
(c) The Attorney General and the Director of the Federal
Bureau of Investigation (hereinafter in this title referred to as
the "Director") shall review at least annually the intelligence
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activities conducted or coordinated by the Bureau to determine
whether those activities have been conducted in accordance with the
requirements of this.Act and procedures approved by the Attorney
General pursuant to this Act.
(d) The Attorney General and the Director shall publicly
designate officials who shall discharge the responsibilities of
general counsel and inspector general with respect to the activities
of the Bureau under this Act.
DUTIES OF THE DIRECTOR OF THE
FEDERAL BUREAU OF INVESTIGATION
Sec. 503. (a) It shall be the duty of the Director, under
the supervision and control of the Attorney General, to--
(1) serve as the principal officer of the Government
for the conduct and coordination of counterintelligence
activities and counterterrorism intelligence activities within
the United States;
(2) ensure that intelligence activities conducted or
coordinated by the Bureau are carried out in conformity with
the provisions of this Act and with the Constitution and laws
of the United States and that such activities do not abridge
any right protected by the Constitution or laws of the United
States;
(3) ensure that the intelligence activities of the
Bureau are properly and efficiently directed, regulated,
coordinated, and administered;
(4) keep the Attorney Gener-al fully and currently
informed of all intelligence activities conducted or
coordinated by the Bureau and provide the Attorney General with
any information the Attorney General may request concerning
such activities;
(5) advise the Attorney General and the National
Security Council regarding the objectives, priorities,
direction, conduct, and effectiveness of counterintelligence
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and counterterrorism intelligence activities within the United
States;
(6) assist the Attorney General and the National
Security Council in the assessment of the threat to United
States interests from intelligence activities within the United
States of foreign powers . and. from international terrorist
activities within the United States; and
(7) perform with respect to the Bureau the duties
assigned elsewhere in this Act to the head of each entity of
the intelligence community.
(b) The Attorney General shall provide by regulation which
officials of the Bureau shall perform the duties of the Director
under this Act during the absence or disability of the Director or
during any temporary vacancy in the Office of the Director.
COUNTERINTELLIGENCE AND COUNTERTERRORISM
INTELLIGENCE FUNCTIONS
Sec. 504. (a) The Bureau shall, in accordance with
procedures approved by the Attorney General--
(1) collect, produce, analyze, publish, and disseminate
counterintelligence and counterterrorism intelligence;
(2) conduct such other counterintelligence and
counterterrorism intelligence activities as are necessary for
lawful purposes; and
(3) conduct, in coordination with the Director of
National Intelligence, liaison for counterintelligence or
counterterrorism intelligence purposes with foreign
governments.
(b) All Bureau counterintelligence and counterterrorism
intelligence activities outside the -United States shall be conducted
in coordination with the Central Intelligence Agency and with the
approval of a properly designated official of such agency. All
requests for such approval shall be made or confirmed in writing.
Any such activities that are not related directly to the
responsibilities of the Bureau for the conduct of
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counterintelligence or counterterrorism intelligence activities
within the United States shall be conducted only with the approval
of the Attorney General or a designee, made or confirmed in writing.
(c) (1) The Bureau shall be responsible for the
coordination of all counterintelligence and counterterrorism
in-telligence activities conducted within the United States by any
other entity of the intelligence community.
(2) Such activities shall be conducted by clandestine means
only with the approval of the Director or a designee, made. or
confirmed in writing, and only if the request for such approval--
(A) is made or confirmed in writing by a properly
designated senior official of the requesting entity;
(B) describes the activity to be conducted; and
(C) sets forth the reasons why the requesting entity
wishes to conduct such activity within the United States.
(3) The Bureau shall provide the Attorney General or a
designee in a timely manner with copies of all requests made to the.
Bureau under this subsection and shall notify the Attorney General
or a designee in a timely manner of any action taken by the Bureau
with respect thereto.
(4) Any entity of the intelligence community conducting any
counterintelligence or counterterrorism intelligence activity within
the United States shall keep the Bureau fully and currently informed
regarding that activity.
(5) The requirements of paragraphs (2) through (4) of this
subsection shall not apply to counterintelligence or
counterterrorism intelligence activities of the military services
directed against persons subject to the Uniform Code of Military
Justice, 10 United States Code 802, Art. 2, (1) through (10), except
for activities conducted by clandestine means outside military
installations.
FOREIGN INTELLIGENCE FUNCTIONS
Sec. 505. (a) The Bureau may, in accordance with procedures
approved by the Attorney General, --
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(1) , collect foreign intelligence within the United
States in the course of authorized collection of
counterintelligence or counterterrorism intelligence;
(2) conduct activities within the United States in
support of the foreign intelligence collection programs of any
other entity of the intelligence community; and
(3) produce, analyze, and disseminate foreign
intelligence in coordination with the Director of National
Intelligence.
(b) Any Bureau collection of foreign intelligence upon the
request of another entity of the intelligence community, or any
Bureau activity in support of the foreign intelligence collection
programs of another entity of the intelligence community, shall be
conducted only upon the request, made or confirmed in writing, of an
official of an entity of the intelligence community who has been
designated by the President to make such requests. The Bureau may
not comply with any such request unless such request--
(1) describes the information sought or the support
activity requested;
(2) certifies that the information sought or the
support activity requested is relevant to the authorized
functions and duties of the requesting entity; and
(3) sets forth the reasons why the Bureau is being
requested to collect the information or conduct the support
activity.
The Bureau shall provide the Attorney General or a designee in a
timely manner with copies of all such requests, and shall conduct
such support activity only with the approval of the Director.
(c) The Bureau shall be responsible, in accordance with
procedures agreed upon by the Attorney General and the Director of
National Intelligence, for the coordination of all collection of
foreign intelligence by clandestine means within the United States
by any other entity of the intelligence community.
(d) , Within the United States foreign intelligence may be
collected by clandestine means directed against unconsenting United
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States persons only by the Bureau, with notice to the Attorney
General or a, designee, except as otherwise permitted by section
(d) of this Act.
Sec. 506. (a) The Bureau may, in accordance with procedures
approved by the Attorney General, collect counterintelligence and
counterterrorism intelligence within the United States upon the
written request of any law enforcement, intelligence, or securi-ty
agency of a foreign government, and provide assistance to any
officer of such agency who is collecting intelligence-wi-thin the
United States. The Bureau may not comply with any such request
unless such request -specifies the purposes for which the
intelligence or assistance is sought-and--
(1) the Bureau would be authorized under this Act to
collect the intelligence or provide the assistance in the
absence of any such request; or
(2) the collection of the intelligence or the provision
of assistancepertains to foreign persons and is approved by
the Attorney General or a designee after a written -finding
that, as a matter of comity, such collection or ass-istance is
in the interests of the United States.
(b) The Bureau shall keep the Attorney General or a designee
fully and currently informed of all intelligence collection within
the United States by officers or agencies of foreign governments in
which information or assistance is furnished by the Bureau.
(c) The authority provided in subsection (a) of this section
is subject to the procedures, prohibitions, and restrictions
contained in title II of this Act.
GENERAL AND SPECIAL AUTHORITIES
Sec. 507. (a) In carrying out its functions under this
title,, the Bureau is authorized to--
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(1) procure. or lease such property, supplies, services,
equipment, buildings, and facilities, and construct or alter
such buildings and facilities, as may be necessary to carry out
its authorized intelligence functions;
(2) establish, furnish, and maintain secure cover for
Bureau officers, employees, and sources when necessary to carry
out its authorized intelligence. functions, in accordance with
procedures approved by the Attorney General;
(3) establish and operate proprietaries when necessary
to support Bureau intelligence activities, in accordance with
procedures approved by the Attorney General;
(4) deposit public moneys in banks or other financial
institutions when necessary to carry out its authorized
intelligence functions;
(5) conduct or contract for research, development, and
procurement of technical systems and devices relating to its
authorized intelligence functions;
(6) protect from unauthorized disclosure, in accordance
with standards established by the Director of National
Intelligence under section 114, intelligence sources and
methods; and
(7) perform such additional functions as are otherwise
authorized by this Act to be performed by each entity of the
intelligence community.
(b) (1) Any proprietary established and operated by the
.Bureau may be operated on a commercial basis to the extent necessary
to provide effective cover. Any funds generated by any such
proprietary in excess of the amount necessary for its operational
requirements shall be deposited by the Director into miscellaneous
receipts of the Treasury.
(2) Whenever any Bureau proprietary whose net value exceeds
$150,000 is to be liquidated, sold, or otherwise disposed of, the
Bureau shall, as much in advance of the liquidation, sale, or other
disposition of the proprietary as practicable report the
circumstances of the intended liquidation, sale, or other
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disposition to the Attorney General and to the House Permanent
Select Committee on Intelligence and the Senate Select Committee on
Intelligence. Any proceeds from any liquidation, sale, or other
dispostition of any Bureau proprietary, in whatever amount, of it all
obligations of the proprietary-have been met, shall be deposited by
the Director into miscellaneous receipts of the Treasury.
(c) The Bureau is authorized, in accordance with procedures'
approved by the Attorney General, to procure or lease property,
goods? or services for its own use in such a manner that the role of
the Bureau is not apparent or publicly acknowledged when public
knowledge could inhibit or interfere with the secure conduct of an
authorized intelligence function of the Bureau.
(d) The authority contained in clauses (1), (2), (3), and (4)
of subsection (a) shall, except as otherwise provided in this Act,
be available to the Bureau notwithstanding any other provision of
law and shall not be modified, limit-ed, suspended, or superseded by
any provision of law enacted after the effective date of this title
unless such provision expressly cites the specific provision of
subsection (a) intended to be so modified, limited, suspended, or
superseded.
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PURPOSES
AND DEFINITIONS
STATEMENT OF PURPOSES
Sec. 601. It is the purpose of this title
(1) to authorize, and provide guidance for,,!those
signals intelligence and communications security activities
necessary for the conduct of the foreign relations and the
protection of the national security of the United States;
(2) to ensure that signals intelligence and
communications security activities are properly and effectively
directed, regulated, coordinated and administered, and are
organized and conducted so as to meet, in the most efficient
manner, the signals intelligence and communications security
needs of the United States;
(3) to establish by law the National Security Agency, to
provide for the appointment of a director of that Agency, to
delineate the responsibilities of such director, and to confer
upon such director the authorities necessary to fulfill those
responsibilities;
(4) to ensure that the National Security Agency is
accountable to the President, the Congress, and the people of
the United States and that the signals intelligence activities
and communications security activities of the United States are
conducted in a manner consistent with the Constitution and laws
of the United States.
Sec. 602. (a) Except as otherwise provided in this section,
the definitions in title I shall apply to this title.
(b) As used in this title--
(1) The term "communications intelligence" means
technical and intelligence information derived from foreign
electromagnetic communications by other than the intended
recipients.
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 (2) The term "cryptographic system" includes any code,
ci p &p ojfWdFQar el%j%%a9.051%64A R ~QPgp-02?ij ?r0P3241 ~$ He or
method used.for the purpose of disguising, concealing, or
authenticating the contents, significance, or meanings of
communications. -
(3) The term "cryptology" encompasses both signals
intelligence and communications security.
(4) The term "electronics intelligence" means technical
and intelligence information derived from foreign
electromagnetic radiations emanating from other than
communications, nuclear detonations, or radioactive sources.
(5) The term "foreign electromagnetic communication"
means a communication that has at least one communicant
outside of the United States or that is entirely among
foreign powers or between a foreign power and officials
of a foreign power (but not including communications
intercepted by electronic surveillance directed at
premises used exclusively for residential purposes).
(6) The term "-foreign instrumentation signals
intelligence" means technical and intelligence information
derived from the collection and processing of foreign
telemetry, beaconry, and associated signals.
(7) The term "signals intelligence" includes, either
individually or in combination, communications intelligence,
electronics intelligence, foreign instrumentation signals
intelligence, and information derived from the collection and
processing of non-imagery infrared and coherent light signals,
but does not include electronic surveillance activities conducted
by the Federal Bureau of Investigation on its own behalf.
(8) The term "unauthorized person" means a person not
authorized access to signals intelligence or communications
_security information by the President or by the head of any
department or agency that has been designated expressly by the
President to engage in cryptologic activities for the United
States.
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 (9) The term "United States signals intelligence
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system" means an entity that is comprised of (A) the National
Security Agency (including assigned military personnel); (B)
those elements of the military departments and the Central
Intelligence Agency performing signals intelligence activities;
(C) those elements of any other department or agency which may
from time to time be authorized by the National Security
Council to perform signals intelligence activities during the
time when such elements are authorized to perform such
activities.
ESTABLISHMENT OF AGENCY; DIRECTOR; DEPUTY DIRECTOR;
GENERAL COUNSEL; INSPECTOR GENERAL; DUTIES
ESTABLISHMENT OF NATIONAL SECURITY AGENCY; FUNCTION
Sec. 511. (a) There is established within the Department of
Defense an agency to be known as the National Security Agency
(hereinafter in this title referred to as the "Agency").
(b) It shall be the function of the Agency to conduct signals
intelligence activities and communications security activities for
the United States Government and to serve as the principal agency of
the United States signals intel.ligence system.
(c) (1) The functions of the Agency shall be carried out
under the direct supervision and control of the Secretary of Defense
and shall be accomplished under the provisions of this Act and in
conformity with the Constitution and laws of the United States.
(2) In exercising supervision and control over the Agency,
the Secretary of Defense shall comply with intelligence policies,
needs, and priorities established by the National Security Council
and with intelligence objectives and requirements established by the
Director of National Intelligence.
(3) In exercising supervision and control over the Agency,
the Secretary of Defense shall comply with communications security
policy established by the National Security Council which shall
include the Secretary of Commerce for this purpose.
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DIRECTOR AND DEPUTY DIRECTOR
Sec. 612. (a) There shall be a Director of the National
Security Agency (hereinafter in. this title referred to as the
"Director"). There shall also be a Deputy Director of the National
Security Agency (hereinafter iii this title referred to as the.
"Deputy Director") to assist the Director in carrying out the
Director's functions under this Act.
(b) The Director and the Deputy Director shall be appointed
by the President, by and with the advice and consent of the Senate.
The Director and Deputy Director shall each serve at the pleasure of
the President. Either the Director or Deputy Director shall he -a
person with cryptologic experience. No person may serve as Director
or Deputy Director for a period of more than six years unless such
person is reappointed to that same office by the President, by and
with the advice and consent of the Senate. No person who has served
as Director or Deputy Director for a period of less than six years
and is subsequently appointed or reappointed to that same office may
serve in that office under such appointment or reappointment for a
term of more than six years. In no event may any person serve in.
either or both offices for more than a total of 12 years.
(c) At no time shall the two offices of Director and Deputy
Director be occupied simultaneously by commissioned officers of the
armed forces whether in an active or retired status.
(d) (1) If a commissioned officer of the armed forces is
appointed as Director or Deputy Director, then-
(A) in the performance of the duties of Director or
Deputy Director, as the case may be, the officer shall be
subject to no supervision, control, restriction, or prohibition
of the military departments, or the armed forces of the United
States or any component thereof; and
(B) that officer shall not possess or exercise any
supervision, control, powers, or functions (other than such as
that officer possesses, or is authorized or directed to
exercise, as Director, or Deputy Director) with respect to the
Department of Defense, the military departments, or the armed
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forces of the United States or any component thereof, or with
respect to any of the personnel (military or civilian) of any
of the foregoing.
(2) Except as provided in this section, the appointment to
the office of Director or Deputy Director of a commissioned officer
of the armed forces, and acceptance of and service in such an office
by that officer, shall in no way affect any status, office, rank, or
grade that officer may occupy or hold in the armed forces, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of any such status, office, rank, or grade. A
commissioned officer shall, while serving in the office of Director
or Deputy Director, continue to hold rank and grade not lower than
that in which that officer was serving at the time of that officer's
appointment as Director or Deputy Director.
(3) The rank or grade of any such commissioned officer shall,
during any period such officer occupies the office of Director or
Deputy Director, be in addition to the numbers and percentages
authorized for the military department of which such officer is a
member.
(e) The Director and Deputy Director, whether civilian or
military, shall be compensated while serving as Director or Deputy
Director only from funds appropriated to the Department of Defense.
(f) If a commissioned officer of the armed forces is serving
as Director or Deputy Director, that officer shall be entitled,
while so serving, to the difference, if any, between the regular
military compensation (as defined in section 101 (25) of title 37,
United States Code) to which that officer is entitled and the
compensation provided for that office under subchapter II of chapter
53 of title 5, United States Code.
(g) The Deputy Director shall act in the place of the
Director during the absence or disability of the Director or during
any temporary vacancy in the office of the Director. The Director
shall provide by regulation which officials of the Agency shall,
whenever there is no Deputy Director, act in the place of the
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Director during the absence or disability of the Director or during
any temporary vacancy in the office of the Director.
(h) In computing the twelve-year limitation prescribed in
subsection (b) of this section, any service by a person as Director
or Deputy Director of the National Security Agency as such agency
existed on the day before the effective date of this title shall not
-Sec. 613. (a) It shall be the duty of the Director to--
(1) serve as the principal signals intelligence officer
of the Government and the executive head of the National
Security Agency;
(2) -ensure that the signals intelligence activities of
the United States Government are conducted in accordance with
the provisions of this Act and with the Constitution and laws
of the United States;
(3) direct and manage all cryptologic activities,
resources, personnel, and programs of the Agency;
(4) organize, maintain, direct and manage the United
States signals intelligence system;
(5) in accordance with intelligence policies, needs,
and priorities established by the National Security Council and
with intelligence requirements and objectives promulgated by
the Director of National Intelligence, supervise, and formulate
and promulgate operational plans, policies, and procedures for
the conduct and control of, all signals intelligence
collection, processing, reporting, and dissemination activities
of the United States Government;
(6) ensure that signals,intelligence is disseminated
promptly and under appropriate security safeguards only to
departments and agencies that require such intelligence for
their lawful functions and have been authorized by the
President: to receive such intelligence;
0
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(7) serve, under the Secretary of Defense, as the
principal communications security officer of the United States
Government and ensure that the communications security
activities of the United States Government are conducted in
accordance with the provisions of this Act and with the
Constitution and laws of the United States;
(8) fulfill the communications security requirements df
all departments and agencies based upon policy guidance from
the National Security Council operating pursuant to section 142
of this Act;
(9) consolidate, as necessary, the signals intelligence
and the communications security functions of the United States
Government for the purpose of achieving overall efficiency,
economy, and effectiveness;
(10) conduct such research and development in support of
signals intelligence and communications security activities as
may be necessary to meet the needs of departments and agencies
authorized to receive signals intelligence or which require
communications security assistance, or delegate responsibility
for such research and development to other departments or
agencies, and review research and development conducted by any
department or agency in support of signals intelligence and
communications security, except for such research and development
in support of the clandestine activities of the Central Intelli-
gence Agency;
(11) determine the manpower resources and administrative
support needed by the Agency to conduct effectively its signals
intelligence activities and, in accordance with such terms and
conditions as shall be mutually agreed upon by the Director of
National Intelligence and the Secretary of Defense, enter into
agreements with other departments and agencies for the
provision of such manpower resources and administrative
support;
(12) determine the manpower resources and administrative
support needed by the Agency to conduct effectively its
communications security activities, and, based upon guidance
from the Secretary of Defense, enter into agreements with other
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departments and agencies for the provision of such manpower
resources and administrative support;
(13) review all proposed budgets, programs, and resource
allocations for the signals intelligence activities of the
United States, prepare a proposed consolidated United States
signals intelligence program and budget for each fiscal year
based upon program and budget guidance from the Secretary of
Defense, and with respect to national intelligence activities
on program and budget guidance from the Director of National
intelligence, and submit each such proposed budget to the
Director of National Intelligence and the Secretary of Defense;
(14) review all proposed programs, budgets, and resource
allocations for the communications security activities of the
United States Government, prepare a proposed consolidated
Department of Defense communications security program-and
budget: for each fiscal year, and submit each such proposed
program and budget to the Secretary of Defense;
(15) establish appropriate controls for funds made
available to the Agency to carry out its authorized activities;
(16) ensure that cryptologic information is classified
in accordance with applicable law and Executive orders;
(17) conduct liaison on cryptologic matters with foreign
governments and, when such ma tte-r-s involve the
responsibilities of the Director of National Intelligence under
sec. 115(h), conduct such liaison in coordination with the
Director of National Intelligence;
(18) provide for such communications support and
facilities as may be necessary to (A) conduct signals
intelligence activities in a timely and _secure manner, and (B)
ensure the expeditious handling of critical information for the
United States Government;
(19) prescribe all cryptographic systems and techniques,
other than secret writing systems and covert agent communications
systems of the Central Intelligence Agency, to be used in any manner
by or on behalf of the United States Government and provide for the
centralized production and control of such cryptographic systems
and materials to be used by the United States Government
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(20) evaluate, based, as appropriate, upon guidance from
the- Attorney General, the vulnerability of United States
communications to interception and exploitation by unintended
recipients and, under the supervision of the Secretary of
Defense and in accordance with policy guidance from the
National. Security Council operating pursuant to section 142 of
this. Act, institute appropriate measures-to ensure the
confidentiality of such communications;
(21) ensure that the Agency will receive, in a timely
fashion, all signals intelligence collected by any entity of
the United States Government;
(22) develop plans to ensure the responsiveness of the
United States signals intelligence system to the needs of the
Department of Defense, including the delegation of such tasking
authority as may be appropriate;
(23) provide the Director of National Intelligence with
such information on the activities of the Agency as the
Director of National Intelligence requires to fulfill his
statutory responsibilities;
(24) provide technical assistance to any other entity of
the intelligence community engaged in lawful intelligence
activities;
(25) issue such rules, regulations, directives, and
procedures as may be necessary to implement this title; and
(26) perform with respect to the Agency the duties
assigned elsewhere in this Act to the head of each entity of
the Intelligence Community.
(b) It shall also be the duty of the Director to provide
signals intelligence support. for the conduct of military operations
in accordance with tasking, priorities and standards of timeliness
assigned by the Secretary of Defense. If provision of such support
requires use of systems for national intelligence collection, these
systems will be tasked within existing guidance from the Director
of National Intelligence.
13
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 (c) AM:Wosi(ifi)rggW@sqba0@WQ6/,Stit:fl,64 - 94~0.4~6 $ribe
and enforce for the United States signals intelligence system and
for the communications security activities of the United States
Government security rules, regulations, procedures, standards, and
requirements with respect to personnel security clearances,
authorizations for access to facilities and -information, physical
security of facilities, equipment, and information, and the
transmission, processing, and reporting of information, in order to
protect signals intelligence and communications security information
from unauthorized disclosure. All such rules, regulations,
procedures, standards, and requirements shall be in accord with
applicable law and with policy guidance from the Director of
National Intelligence with respect to signals intelligence
activities and the Secretary of Defense with respect to
communications security activities. Enforcement of all such rules,
regulations, procedures, standards, and requirements shall be
coordinated with the head of each concerned department or agency.
(d) To assist the Director in the fulfillment of his
responsibilities under this section, the heads of all departments
and agencies shall furnish the Director, upon request and in'
accordance with applicable law, such data as the Director may
require and the Director shall take appropriate steps to maintain
the confidentiality of any information which is so provided.
GENERAL COUNSEL; INSPECTOR GENERAL
Sec,.-614. (a) There shall be a General Counsel of the
National Security Agency appointed. by the President, by and with the
-advice and consent of the Sen-ate, who shall di-scharge the
responsibilities of general counsel under this Act for the Agency.
(b) There shall be an Inspector General of the National
Security Agency, appointed by the Director, who shall discharge the
responsibilities of inspector general under this Act for the Agency.
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GENERAL AND SPECIAL AUTHORITIES
OF THE AGENCY; AUTHORIZATION FOR APPROPRIATIONS
GENERAL AUTHORITIES OF THE AGENCY
Sec. 621. (a) In carrying out its functions under this Act,
the Agency is authorized to--
(1) transfer to and receive from other departments and
agencies funds for the sole purpose of carrying out functions
authorized by this title, subject to the approval of the
Director of the Office of Management and Budget;
(2) exchange funds without regard to the provisions of
section 3651 of the Revised Statutes (31 U.S.C. 543);
(3) reimburse other departments and agencies of the
Government for personnel assigned or loaned to the Agency and
services furnished to the Agency;
(4) rent any premises within or outside the United
States necessary to carry out any function of the Agency
authorized under this title, and make such alterations,
improvements, and repairs to the premises of, or rented by, the
Agency as may be necessary without regard to any limitation
prescribed by law if the Director makes a written finding that
waiver of such limitation otherwise applicable to the renting,
alteration, improvement, or repair, as the case may be, is
necessary to the successful performance of the Agency's
functions or the security of its activities;
(5) lease buildings to the Government without regard to
the limitations prescribed in section 322 of the Act entitled
"An Act making appropriations for the Legislative Branch of the
Government for the fiscal year ending 30 June 1933, and for
other purposes," approved 30 June 1932 (40 U.S.C. 278a) or the
provisions of section 2575 of title 10, United States Code;
(6) acquire, construct, or alter buildings and
facilities (including family and bachelor housing in foreign
countries only) without regard to the Public Buildings Act of
1959 (40 U.S.C. 601-615) or section 2682 of title 10, United
States Code;
9s
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(7) repair, operate, and maintain buildings, utilities,
facilities', and appurtenances;
(8) conduct health-service programs as authorized by
section 7901 of title 5, United States Code;
(9)- in accordance with regulations approved by the
Director, transport officers and employees of the Agency in
Government-owned automotive equipment between their domiciles
and places of employment where such personnel are engaged in
work that makes such transportation necessary, and transport in
such equipment, to and from school, childre-n of Agency
personnel who have quarters 'for themselves and their families
at isolated stations outside the continental United States
where adequate public or private transportation is not
available;
(10) settle and pay claims of civilian and military
personnel,, as prescribed in Agency regulations consistent with
the terms and conditions by which claims are settled and paid
under the Military Personnel and Civilian Employees' Claims Act
of 1964 (31 U.S.C. 240-243);
(11) pay, in accordance with regulations approved by the
Director, expenses of travel in connection with, and expenses
incident to attendance at meetings of professional, technical,
scientific, and other similar organizations when such
attendance would be a benefit to the conduct of the work of the
Agency;
(12) establish, furnish-, and maintain, in coordination
with the Director of National Intelligence, secure cover for
Agency officers, employees, agents and activities;
(13)
direct the transfer or disposal, on a non-reimbursable
basis and after coordination with the head of the department or
agency involved, and in cases involving the responsibilities of
the-Director of National Intelligence under Sec-304 (h), the
Director of National Intelligence, of such cryptologic and
cryptologgic-related equipment and supplies among entities of
the Intelligence Community and between entities of the
'4
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Intelligence Community and departments and agencies as may be
necessary for performance of the functions authorized by this
title, and the loan, transfer, or disposal of such equipment and
supplies to foreign countries for cryptologic support, and pay
expenses of arrangements with foreign countries for cryptologic
support;
(14) perform inspection, audit, public affairs, legal,
and legislative services;
(15) protect, in accordance with standards established
by the Director of National Intelligence under section 114 of
this Act and with any other applicable statute or executive
order, materials and information related to intelligence sources
and methods;
(16) perform such additional functions as are otherwise
authorized by this Act to be performed by each entity of the
Intelligence Community;
(17) exercise such other authorities available to the
Secretary of Defense' as may be delegated by the Secretary of
Defense to the Agency; and
(18) maintain and operate a permanent full-scale printing
plant for the production of cryptologic and cryptologic-related
materials, and lease or purchase and maintain and operate computer
and communications equipment to carry out authorized functions.
(b) The authority contained in clause (12) of subsection (a)
shall, except as otherwise provided in this Act, be available to the
Agency notwithstanding any other provision of law and shall not be
modified, limited, suspended, or superseded by any provision of law
enacted after the effective date of this title unless such provision
expressly cites clause (12) of subsection (a) and specifically
indicates how such authority is to be so modified, limited,
suspended, or superseded.
(c) Notwithstanding the provisions of section 3578 of the
Revised Statutes (31 U.S.C. 628) any department or agency may
transfer to or receive from the Agency any sum of money approved by
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the Director of National Intelligence and the Director of the Office
of Management and Budget for use in support of foreign cryptologic
liaison and support functions authorized by this title.
(ci) The Agency may use as its -seal of office the insignia
used by the Agency prior to the effective date of this title and
judicial notice shall be taken of such -seal.
(e) The Director may employ, contract, or arrange with
another government agency for the assignment of security officers
to police the installations and grounds under the control of or
used by the Agency, and to perform courier escort duties- and such
security officers shall have the same powers as sheriffs and constables
for the protection of persons and property, to preventbreaches of
the peace, to suppress affrays or unlawful assemblies, and to enforce
any rule or regulation the Director may promulgate for the portection
of such installations and grounds. The jurisdiction and police
powers of such, security officers shall not, however-, extend to the
civil process.
(f) The Director may authorize Agency personnel to..
carry firearmswithin the United States for courier protection
purposes, for the protection of -the Director and Deputy Director,
and in exigent circumstances, such officials of the Agency as the
Director may designate, and for the protection of any fo-reign person
visiting the United States under Agency auspices.
(g) (1) The Agency may appoint, promote, and separate such
personnel or contract for such personnel services as it deems -
advisable, without regard to the provisions of title 5, United
Stated Code, governing appointments to, promotions in, and separa-
tions from the civil service, and without regard to the limitations
on types of persons to be employed, and fix the compensation of
such personnel without regard to the provisions of chapter 51
and subchapter III and IV of chapter 53 of that title, relating
to classification and General Schedule pay rates, but at rates not
in excess of the maximum pay authorized senior executive service
by subchapter VIII of Chapter 53 of title 5, United States Code.
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(2) `Executive schedule positions within the Agency other than
the Director, Deputy Director, General Counsel, and Inspector
General, and positions in the grades of GS-16, GS-17, and GS-18,
other than those transferred to the Agency under this Act shall be
as authorized by law.
(3) Any Agency officer or employee who has been separated
under paragraph (1) may seek of accept employment in the Government
if declared eligible for such employment by the Office of Personnel
Management; and that office may place such officer or employee in
a position in the competitive civil service in the same manner as
an employee who is transferred between two positions in the com-
petitive service, but only if such Agency officer or employee
has served with the Agency for at least one year continuously
immediately preceding such separation.
PROCUREMENT AUTHORITY
Sec. 622. (a) The Agency is authorized to procure such
property, supplies, services, equipment, and facilities as may be
necessary to carry out its functions under this title.
(b) The provisions of chapter 137, relating to the
procurement of property and services, and chapter 139, relating to
the procurement of research and development services, of title 10,
United States Code, shall apply to the procurement of property,
services, and research and development services by the Agency in the
same manner and to the same extent such chapters apply to the
procurement of property, services, and research and development
services by the agencies named in section 2303(a) of such title,
except that the Director is authorized, with the approval of the
Secretary of Defense and, in the case of. any national intelligence
activity, the Director of National Intelligence, to waive the
application of any or all of the provisions of chapters 137 and 139
of such title when the Director deems such action necessary to the
successful performance of any function of the Agency or to protect
the security of activities of the Agency.
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 (c) App T de F 43gle4%e ~4R l ;A, ~ 4~ P144 ~ ROV r
provision of law, to procure property, goods, or services in the
name of the Department of Defense when public knowledge of the
Agency's sponsorship of such procurement would inhibit or interfere
with the secure conduct of an authorized Agency function. Any
participation of the Department of Defense in Agency procurement may
also be concealed, in accordance with section 139 of this Act but
notwithstanding any other provision of law, when the Director finds
such concealment necessary to protect the secure conduct of an
authorized Agency function.
EDUCATION AND TRAINING
Sec. 623. The Director is authorized to establish and insure
compliance with standards for training necessary to accomplish the
cryptologic missions of the Government and to arrange for, fund, or
provide training as may be necessary to accomplish the lawful-
functions of the Agency. The provisions of chapter 41 of title 5,
United States Code, shall be applicable in the conduct of such
training, except that the Director is authorized to waive the
application of any or all such provisions if the Director deems such
action necessary because of the unique mission and function of the
Agency.
oo
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 All dZPYPR IQs W Tom[ - 009-5
-Sec. 624. (a) Notwithstanding-any other provision of
law, funds made available to the Agency by appropriation or
otherwise may be expended for purposes necessary to carry
out the lawful functions of the Agency. No funds may be
appropriated for any fiscal year beginning after September
30, 1980 for the purpose of carrying out any activity of the
Agency unless funds for such activity have been authorized
by legislation enacted during the same or one of the two
immediately preceding fiscal years, except that this limitation
shall not apply to funds appropriated by any continuing
resolution or required by pay raises.
(b) (1) The Secretary of Defense may make funds available to
the Agency for the purpose of meeting confidential, emergency, or
extraordinary expenses of the Agency, but any funds made available
to the Agency by the Secretary of Defense for such a purpose may be
made available only from funds appropriated to the Secretary of
Defense for the specific purpose of meeting confidential, emergency,
or extraordinary expenses.
(2) Any funds made available to the Agency by the Secretary of
Defense for meeting confidential, emergency, and extraordinary
expenses may be used only to meet the expenses specified by the
Secretary of Defense. The expenditure of such funds shall be
to/
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 accounted
for s or e1ease on-th
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2
such certificate shall be deemed a sufficient voucher for the amount
certified therein, but such expenditures may be made only for
activities authorized by this title or other law.
TRAVEL AND OTHER EXPENSES;
SPECIAL FACILITIES; RETIREMENT SYSTEM
TRAVEL, RELATED EXPENSES, AND DEATH GRATUITIES
FOR CERTAIN AGENCY PERSONNEL
Sec. 631. (a) . As used in this section "employee" does not
include, unless otherwise specifically indicated, any -person working
for the Agency under a contract or any person who when initially
employed is a resident in or a citizen of a foreign country in which
the station al: which such person is to be. assigned to duty is
'Located.
(b) Under such regulations as the Director, in consultation
with the Director of National Intelligence, may approve the Agency
may, with -respect to employees assigned to duty stations outside the
United States, provide allowances and other benefits in the same
manner and under the same circumstances such allowances and other
benefit.; are provided employees of the Foreign Service under title
IX of the Foreign Service Act of 1946 (22 U.S.C. 1131-1](f)), and
death gratuities in the same manner and under the same circumstances
such gratuities are provided employees of the Foreign Service under
section 14 of the Act entitled "An Act to provide certain basic
authority for the Department of State", approved August 1, 1956 (22
U.S.C. 2679a).
(c) Whenever any provision of law relating to travel and
related expenses or death gratuities of employees of the Foreign
Service is enacted after the date of enactment of this Act, isnot
enacted as an amendment to one of the provisions referred to in
subsection (b) of this section, and the Director determines that
it would be appropriate for the purpose of maintaining conformity
between provisions of law relating to travel and related expenses
and death gratu:L-ties of the Foreign Service
and the Central Intelligence Agency and provisions of law
toA
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 relating tAp paved Fo le pg8/O~ Q 2[ i- B O~Q ~Qq 5 0 f
employees of the Agency, the President may, by executive order,
extend in whole or in part to employees of the Agency the allowances
and benefits applicable to employees of the Foreign Service by such
provision of law, where such allowances and benefits have
been extended to employees of the Central Intelligence Agency
by the Director of that Agency pursuant to section 431(c) of
this Act.
(d) Notwithstanding the provisions of subsections (b) and
(c), and under such regulations as the Director, in consultation
with the Director of National Intelligence, shall approve, the
Agency may pay expenses, benefits, anc? allowances equivalent to
those specifically authorized in subsections (b) and (c) in any case
in which the Director determines that, for reasons of operational
necessity or security, the means or method of paying expenses,
benefits, and allowances authorized in such subsections should not
be utilized.
COMMISSARY AND MESS SERVICES
AND RECREATION FACILITIES
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Sec. 632. (a) The Director is authorized to establish and
maintain emergency commissary and mess services in such places
outside the United States and in Alaska where, in the Director's
judgment, such services are necessary to ensure the effective and
efficient performance of the duties and responsibilities of the
Agency, but only if such services are not otherwise available'from
other departments and agencies of the Government. An amount equal.
to the amount expended for any such services shall be returned to
the Treasury as miscellaneous receipts.
(b) The Director is authorized to assist in the establishment,
maintenance, and operation, by officers and employees of the Agency,
of non-Government operated commissary and mess services and
recreation facilities at certain posts abroad, -includ-ing the
furnishing of :apace, utilities, and properties owned or leased by
the United States for use by the Agency. Commissary and mess
services and recreation facilities established pursuant to this
subsection shall be made available, insofar as practicable, to
officers and employees of other Government agencies, employees of
Government contractors, and their families who are stationed outside
the United States or in Alaska. Such services and facilities shall
not be established in localities where another department or agency
operates similar services or facilities unless the Director
determines that, such additional services or facilities are
necessa-ry.
(c) Notwithstanding any other provision of law, charges at any
post outside the United States or in Alaska by a commissary or mess
service or recreation facility authorized or assisted under this
section shall be at the same rate for all civilian and military
personnel of the Government -serviced thereby, and all charges for
supplies furnished to such a facility by any department or agency
shall be at the same rate as that charged by the furnishing
department or agency to its civil-ian or military commissary or mess
services or recreation facilities.
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Sec. 633. Employees of the Agency shall participate in the
regular Federal Civil Service Retirement System provided for under
subchapter III of chapter 83 of title 5, United States Code, except
that title 5 of the United States Code is amended as follows to
provide for the participation of certain Agency employees in such
system under special conditions:
(a)' Section 8334 of title 5, United States Code, is amended
by adding at the end thereof the following:
"(i) The National Security Agency will annually
reimburse the fund for additional expenditures incurred as a result
of retirement of employees under section 8336(i) of this title."
(b) Section 8336 of title 5, United States Code, is amended
by adding the following new subsection (h) and renumbering present
subsection (h) as subsection (i):
"(h) An employee of the National Security Agency who has
completed 15 years of service outside the United States, or in
training therefor, in duties determined by the Director, National
Security Agency to be either hazardous to life or health or so
specialized because of security requirements as to be clearly
distinguishable from normal government employment is entitled to an
annuity after becoming 50 years of age and completing 20 years of
service."
(c) Section 8339 of title 5, U.S.C., is amended to add
the following new subsection (q):
"(q) The annuity of an employee retiring under
section 8336(h) of this title is to be computed in
accordance with section 221 of the Central intelligence
Agency Retirement Act of 1964, as amended."
(d) Section 8347 (d) of title 5, United States Code, is
amended to read as follows:
"(d) An administrative action or order affecting the
rights or interests of an individual or of the United States under
10s
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this subchapter may be appealed to the Commission under procedures
prescribed by the Commission.., except that any action affecting an
employee who retires under section 8336 (i) of this title may be
appealed only to the Secretary of Defense, whose decision is final
and conclusive and is not subject to review."
SPECIAL DELEGATION OF AUTHORITY;
PRESERVATION OF CERTAIN AUTHORITY AND RESPONSIBILITY
SPECIAL DELEGATION AUTHORITY;
MISCELLANEOUS PRESERVATION OF AUTHORITY AND RESPONSIBILITY
Sec.. 641. (a) In exercising control over all signals
intelligence activities of the United States, the Director shall
make special provision for the delegation of operational control of
specified signals intelligence activities required to provide
signals intelligence direct support to military commanders or the
heads of other departments and agencies of the Government. Such
special provision shall be made for such period and for such
activities as the Director determines to be appropriate.
(b) Nothing in this title shall contravene the
responsibilities of any department or agency for the final
evaluation of signals intelligence, the synthesis of such
intelligence with intelligence from other sources, or the
dissemination of finished intelligence to users in accordance with
prescribed security procedures.
((,-) Nothing in this title shall contravene the authorized
functions of any department or agency to organize and conduct
individual communications security activities other than the
development of cryptographic systems, devices, equipment, and
procedures. Each department and agency concerned shall be
responsible for implementing all measures required to assure
communications security in accordance with security rules,
regulations, procedures, standards, and requirements prescribed by
the Director under the authority of section 613(b) of this Act.
/0(
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(d)(1)Nothing in this title shall contravene the authority of
the Central Intelligence Agency to conduct, as approved by the
Director of National Intelligence after review by the Director,
clandestine signals intelligence operations in support of
clandestine activities; to conduct, in coordination with the
Director, clandestine operations designed to achieve signals
intelligence objectives; and to prescribe unique communications
security methods and procedures, after review by the Director, in
support of clandestine activities.
(2) Nothing in this title shall be construed to require
the disclosure of information that reveals the operational
details of any clandestine activities conducted by the Central
Intelligence Agency, including any intelligence sources and
methods involved in such activities
(e) All elements of the United States signals intelligence
system shall conduct signals intelligence activities in response to
operational tasks assigned by the Director and in accordance with
directives issued by the Director. Except as authorized in
subsection (a), no organization outside the United States signals
intelligence system may engage in signals intelligence activities
unless specifically authorized to do so by the National Security
Council.
(f) Nothing in this title shall be construed as amending or
superseding the provisions of the Act entitled "An Act to provide
certain administrative authorities for the National Security Agency,
and for other purposes", approved May 29, 1959 (73 Stat. 63; 50
U.S.C. 402 note; section 24(a) of the Act of October 31, 1951,
(65 Stat. 719; 18 U.S.C. 798); and of the Act entitled "Personnel
Security Procedures in the National Security Agency," approved
September 23, 1950 (78 Stat. 168, 50 U.S.C. 831-835).
(g) The provisions of sections 2 and 3 of the Act entitled
"An Act to fix the responsibilities of disbursing and certifying
officers, and for other purposes", approved December 29, 1941 (55
Stat. 875; 31 U.S.C. 82), shall apply to certifications for payments
and to payments made by or on behalf of the National Security Agency
to?
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by certifying oi:ficers and employees and by disbursing officers and
employees under the jurisdiction of any military department,
notwithstanding the provisions of section 4 of such Act (31 U. S. C.
82e) .
TRANSFER OF PERSONNEL, -PROPERTY, AND FUNCTIONS
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS
Sec. 651. (a). All positions established in and personnel
employed by the National Security Agency, as in effect on the day
before the effective date of this title, and all obligations,
contracts, properties, and records employed, held, or used primarily
in connection with any function to be performed by the Agency under
this title, are transferred to the Director.
(b) All orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, and privileges which have become
effective in the exercise of functions transferred under this title
and which are in effect on the day before the effective date of this
title, shall continue in effect until modified, terminated,
superseded, set aside, or repealed by the Director, or other
appropriate Agency officials, by any court of competent
jurisdiction, or by operation of law.
(c) The provisions of this title shall not affect any
proceedings pending before the National Security Agency as in effect
prior to the effective date of this title.
(d) No su:L-t, action, or other proceeding begun by or against _
any officer in that officer's official capacity in the National
Security Agency, as in effect prior to the effective date of this
title, shall abate by reason of enactment of this title.
(e) With respect to any function transferred by this title and
exerc-ised after the effective date of this title, reference in any
other Federal law to any department, agency, office, or part thereof
,os
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 shall be d e dv"Fdmltel eate 2@@NO61,dga A5,, $I QOQ OSg( 5 in
which such. function is vested pursuant to this title.
I09
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TITLE VII -,. PROTECTION OF IDENTITIES OF CERTAIN UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND SOURCES
CRIMINAL PENALTY
Sec. 701. (a) Whoever, having or having had authorized
access to classified information that--
(1) identifies as an officer or employee of an
intelligence agency, or as a member of the Armed Forces
assigned to duty with an intelligence agency, any
individual (A) who in fact is such an officer, employee,
or member, (B) whose identity as such an officer,
employee., or member is classified information, and
(C) who is serving outside the United States or has
within the last five years served outside the United
States; or
(2) identifies as being or having been an agent
of, or informant or source of operational assistance to,
an intelligence agency any individual (A> who in fact is
or has been such an agent, informant, or source, and
(B) whose identity as such an agent, informant, or
source is classified information,
intentionally discloses to any individual not authorized to
receive classified information any information that identifies
an individual described in paragraph (1) or (2) as such an
officer, employee, or member or as such an agent, informant,
or source, knowing or having reason to know that the information
disclosed so identifies such individual and that the United
States is taking affirmative measures to conceal such
individual's intelligence relationship to the United States,
shall be fined not more than $50,000 or imprisoned not more
than ten years, or both.
i10
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(b) It is a defense to a prosecution under subsection (a)
of this section that before the commission of the offense with
which the defendant is charged, the United States had publicly
acknowledged or revealed the intelligence relationship to the
United States of the individual the disclosure of whose
intelligence relationship to the United States is the basis
for the prosecution.
(c) No, person other than a person committing an offense
under subsection. (a) of this section shall be subject to
prosecution under such subsection by virtue of section 2 or 4
of title 18, United States Code, or shall be subject to
prosecution for conspiracy to commit an offense under such
subsection.
(d) It shall not be an offense under subsection (a)
of this section to transmit information described in such
subsection directly to the House Permanent Select Committee
on Intelligence or to the Senate Select Committee on intelligence.
(e) There is jurisdiction over an offense under
subsection (a) of this section committed outside the United
States if the individual committing the offense is a citizen
of the United States.
(f) Nothing in this section shall be construed as
authority to withhold information from Congress or from a
committee of either House of Congress.
(g) As used in this section--
(1) "Classified information" means information or
material designated and clearly marked or clearly represented,
pursuant to the provisions of a statute or Executive order
(or a regulation or order issued pursuant to a statute or
Executive order), as requiring a specific degree of
protection against unauthorized disclosure for reasons
of national security.
I,,
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(2} "Authorized", when used with respect to access
to classified information, means having authority, right,
or permission pursuant'to the provisions of a statute,
Executive order, directive of the head of any department
or agency engaged in foreign intelligence or counterintel-
ligence activities, order of a United States district
court, or provisions of any Rule of the House of Repre-
sentatives or resolution of the Senate which assigns
responsibility within the respective House of Congress
for the: oversight of intelligence activities.
(3) "Disclose" means to communicate, provide,
impart, transmit, transfer, convey, publish, or
otherwise make available.
(4) "Intelligence agency" means the Central
Intelligence Agency or any intelligence component of
the Department of Defense.
(5) "Informant" means any individual who
furnishes or has furnished information to an intelligence
agency in the course of a confidential relationship
protecting the identity of such individual f--om public
disclosure.
(6) "Agent," "informant," and "source of
operational assistance" do not include individuals
who are citizens of the United States residing within
the United States.
(7) "Officer" and "employee" have the meanings
given such terms by sections 2104 and 2105, respectively,
of title 5, United States Code.
(8) "Armed Forces" means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
(9) "United States" when used in a geographic
sense, means all areas under the territorial sovereignty
of the United States and the Trust Territory of the
Pacific Islands.
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PRESIDENTIAL RESPONSIBILITY
Sec. 702. The. President shall'ensure that each
person who has authorized access to the types of classified
information described in. section 701(a)(1) and (a)(2) be
informed of the provisions of section 701.
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TITL; VIII P!1'YSI'CAL SEARCH1?'S WIi'=1SN 'r:is UNITED STATES
AMENDMENTS TO THE FORCICN INTELLIGENCE SURVEILLANCE ACT
Sec. 301. . The Foreign Intelligence Surv-illance Act of
1978, 92 S-tat. 1783,.-is. amended as follows:
(1) the statement of purpose is aiaend-ed by -inserting
"physical searcnes and" after "authorize"..
(2) The title is arrend.ed by inserting "SEARCH ANE)" before
"SURVEILLANCE".
(3) The Table of Contents is ariended to read as follows:
"TITLE I--PULSICAL SLAl(CH AND ELEC'Ti